First Street Stormwater Pump Station Flood Relief Project.pdf

SD #4821-4737-7394 v1r

CITY OF CORONADO

NOTICE INVITING BIDS

FIRST STREET STORMWATER PUMP STATION FLOOD RELIEF PROJECT

Contract No. 27-CO-EN-1204

The City of Coronado invites sealed bids for the First Street Storm Water Pump Station Flood Relief Project. This project consists of the removal for the existing diverter pump, partial demolition of existing storm drain diversion structure, and installation of pre-engineered fiberglass pump station (owner furnished), pre-cast valve vault with valves, piping and related appurtenances.

Additionally, the work includes modifications and structural improvements to an existing storm drain diverter structure and a new force main outfall and check valves.

More specifically the work includes:

• Installation of storm drain package pump station (owner furnished) and discharge valve vault.

• Installation of storm drain force main.

• Partial demolition/reconstruction of the existing storm drain diversion structure.

• Partial demolition of existing electrical.

• Installation of new electrical service, including updated SDG&E service.

• Preservation of existing or planting new palm trees.

• Compliance with storm drain best management practices.

Per the Public Contracts Code Section 3400 Subdivision (c), the following materials shall be sole sourced and no “or equal” product will be acceptable in order to maintain consistency with other products installed at other City facilities:

- Val-Matic Check Valves (Contractor Procured)

- FleetZoom Model FZ400 Monitoring Equipment (Contractor Procured)

- Flygt Pre-Engineered Fiberglass Pump Station (Owner Furnished)

Construction is required to begin no later than Tuesday, February 16, 2027.

Receipt of Bids: All bid proposals must be received electronically via PlanetBids PRIOR TO 2:00 PM on November 9, 2026.

Engineering Estimate: $1,213,400.00

Pre-Bid Conference: A mandatory pre-bid conference will be conducted at the project site at 10:00 AM on October 7, 2026, near the intersection of First Street and A Avenue, Coronado, California. The pre-bid conference will provide potential bidders an opportunity to review the existing storm drain, wet well, and diverter pump station.

Requests for Information: All questions and requests for information must be submitted electronically by 2:00 PM on October 27, 2026, responses will be posted on PlanetBids on November 3, 2026.

Bid Security: Bid Security in the amount of ten percent (10%) of the Lump Sum Base Bid shall accompany the Bid. Bid Bond must be received electronically on PlanetBids, and the original received at Coronado City Clerk’s office PRIOR TO 2:00 PM on November 9, 2026. Deliver to:

Coronado City Hall; City Clerk’s Office; Attention: Bianca Castro; 1825 Strand Way, Coronado

CA 92118

Contractor’s License: The successful bidder will be required to possess a current State of California “Class A” General Engineering Contractor’s License at the time the Contract is awarded. Contractors and subcontractors must also be registered with the State of California Department of Industrial Relations per Labor Code Section 1771.1(a) and possess a City business certificate.

Prevailing Wage: In accordance with the California Labor Code, the Contractor must pay not less than prevailing wage rates as determined by the Director of Industrial Relations for all work done under this contract.

Project Documents: The project documents include the Standard Specifications for Public Works Construction (Greenbook), 2024 Edition; the San Diego Regional Standard Drawings for Public Works, 2024 Edition; the Coronado Annotations to the San Diego Regional Standards; and the contract documents.

Bid Documents: Digital files of the plans, specifications, instructions to bidders, and bidder’s proposal forms are available on PlanetBids.

CITY OF CORONADO

DATE: _____________________ ________________________________

James Newton, City Engineer Public Services & Engineering

9/23/26

FIRST STREET STORMWATER PUMP STATION FLOOD RELIEF PROJECT

Contract No. 27-CO-EN-1204

CONTENTS

INSTRUCTIONS TO BIDDERS

SPECIAL PROVISIONS

PART 1 – GENERAL PROVISIONS

SECTION 1 – GENERAL

SECTION 2 – SCOPE OF THE WORK

SECTION 3 – CONTROL OF THE WORK

SECTION 4 – CONTROL OF MATERIALS

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

SECTION 7 – MEASUREMENT AND PAYMENT

PART 2 – CONSTRUCTION MATERIALS

SECTION 200 – ROCK MATERIALS

SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS

SECTION 203 – BITUMINOUS MATERIALS

SECTION 207 – GRAVITY PIPE

SECTION 212 – WATER AND SEWER SYSTEM VALVES AND APPURTENANCES

SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT

MARKERS

PART 3 – CONSTRUCTION METHODS

SECTION 300 – EARTHWORK

SECTION 302 – ROADWAY SURFACING

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION

SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND

PAVEMENT MARKERS

PART 4 – EXISTING IMPROVEMENTS

SECTION 402 – UTILITIES

PART 6 – TEMPORARY TRAFFIC CONTROL

SECTION 601 – WORK AREA TRAFFIC CONTROL

BIDDER’S PROPOSAL

UNIT PRICE LIST

SUBCONTRACTOR LIST

CERTIFICATE REGARDING CONTRACTOR’S LICENSE

STATEMENT OF EXPERIENCE AND FINANCIAL CONDITION

NON-COLLUSION DECLARATION

ATTACHMENTS

ATTACHMENT A -SAMPLE CONTRACT

ATTACHMENT B - STATE PREVAILING WAGE RATES

ATTACHMENT C - CONTRACTORS LAYDOWN AREA

ATTACHMENT D - EDCO TRASH COLLECTION SCHEDULE

ATTACHMENT E - GEOTECHNICAL INVESTIGATION REPORT

ATTACHMENT F – CSI SPECIFICATIONS

ATTACHMENT G – OWNER FURNISHED EQUIPMENT LIST

INSTRUCTIONS TO BIDDERS

1. Examination of Site and Contract Documents. The Bidder is required to examine carefully the site of work, proposal forms, specifications, and special provisions for the work contemplated.

The submission of a proposal shall be considered conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of all the above documents.

2. Contract Documents. The Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal (Forms A-1 through A-5), Standard Specifications, Special Provisions, Standard Drawings, Agreement, and any other documents referenced in the Agreement shall constitute the contract.

Said documents are complementary and intended to yield a complete and finished project.

Anything shown or required of the Bidder, in any one or more of said documents, shall be as binding as if contained in all of said documents. The Bidder will not be allowed to take advantage of any error, discrepancy or omission in any document, but shall promptly report to the City Engineer in writing any such matter discovered. The City Engineer will then decide what corrective action is needed and his decisions shall be final.

3. Addenda. Any addenda issued during the time of bidding, forming a part of the documents, shall be covered in the proposal and shall be made a part of the contract.

4. Contractor's License. No proposal will be accepted from a Bidder who has not been licensed in accordance with the provisions of Chapter 9, Division III, of Business and Professions Code of the State of California. In addition, Bidders must comply with California Labor Code Section 1771.1(a) written as follows:

“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.”

5. Proposal Forms and Submittal.

a) The proposal shall be submitted on the attached Proposal Forms A-1 through A-5. All blanks on the proposal forms must be filled in.

b) If the proposal is made by an individual, it shall be signed and his full name and post office address shall be given. If made by a co-partnership, it shall be signed with the co-partnership name by one of the partners, who shall sign his/her own name and, in addition, the name and addresses of each partner shall be given. If made by a corporation, it shall be signed by two officers consisting of the president/CEO, treasurer/CFO or secretary, attested by the corporate seal; the name of the state under the laws of which the corporation was incorporated shall be given; and names, titles, and addresses of all officers of the corporation shall be given. If made by an LLC, it shall be signed by the general manager or managing member, who shall sign his/her own name and, in addition, the names and addresses of each manager and member shall be given.

c) The Bidder’s Proposal (Form A-1) shall be completed and signed by an individual clearly authorized to bind the Bidder. All addenda issued shall be acknowledged on the proposal form. Additionally, Bidders are required to acknowledge all addenda electronically via PlanetBids as a condition of submission.

d) The Unit Price List Form (Form A-2) shall give the unit and total price. In the event the unit price and total amount for any items are not in agreement, the unit price shall govern and the total corrected thereto. In the event of a discrepancy between the total amount submitted in the Unit Price List Form (Form A-2) and the amount entered electronically in PlanetBids via the Line Items module, the total amount in the Unit Price List Form (Form A-2) shall govern. In accordance with Section 6707 of the California Labor Code, for construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, the Bidder shall specify as specific bid items, adequate sheeting, shoring and bracing or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.

e) The Subcontractor List (Form A-3) shall be prepared in accordance with Section 4104 of the California Public Contract Code describing the portion of work to be performed and providing the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.

f) The Certificate regarding Contractor’s License (Form A-4) shall be prepared in acknowledgment of Section 7028.15 of the Business and Professions Code.

g) The Statement of Experience and Financial Condition (Form A-5) shall be completed with supporting documentation and signed by an individual clearly authorized to bind the Bidder.

h) The complete proposal including proposal guarantee and surety insurer supporting documentation shall be submitted via PlanetBids.

i) Proposals not received electronically prior to the hour and the date set forth in the Notice Inviting Bids shall be declared late and not accepted. The Bidder shall have sole responsibility for timely delivery.

6. Proposal Guarantee. All proposals shall be accompanied by cash, certified check, cashier’s check, or bidder’s bond duly executed by an approved surety insurer, made payable to the City of Coronado, for an amount equal to at least ten percent of the amount of said proposal. Any surety insurer must be authorized to transact surety insurance in California, and have assets that exceed its liabilities in an amount equal to, or in excess of, the amount of the bond.

If a bidder’s bond is submitted with the proposal, the bidder shall also be required to submit the following documentation from the surety insurer:

a) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.

Before the award of the Contract, the Contractor may also be required to submit the following documentation regarding the surety insurer:

b) A copy of the certificate of authority of the insurer issued by the Insurance Commissioner.

A certified copy may be requested before award of the contract.

c) A certificate from the county clerk of the county in which the court or officer is located attesting that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that the renewed authority has been granted.

d) A financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may, instead of an officer’s certificate, be verified by the oath of the principal officer or manager residing within the United States.

No proposal shall be considered unless such guarantee and supporting documentation is enclosed therewith guaranteeing that the bidder will enter into the proposed contract if awarded.

7. Withdrawal of Proposals. Any proposal may be withdrawn prior to the hour and date set forth in the Notice Inviting Bids, via PlanetBids. The withdrawal of a proposal shall not prejudice the right of a Bidder to file a new proposal.

8. Rejection of Proposals. Proposals may be rejected if they show any alterations of the forms, additions not called for, conditional or alternative bids uncalled for, incomplete proposals, erasures, or irregularities of any kind; however, the Coronado City Council reserves the right to reject any and all proposals and to waive irregularities.

9. Disqualification of Bidder.

a) More than one proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable ground for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested.

b) If there is a reason for believing that collusion exists among the Bidders, none of the participants in such collusion will be considered in awarding of the contract.

c) Proposals in which the prices are obviously unbalanced may be rejected.

d) If the experience or financial background of a Bidder is inadequate or past performance has been unsatisfactory, the proposal may be rejected.

10. Return of Proposal Guarantees. Within 10 days after the award of the Contract, the City Clerk will return all the proposal guarantees accompanying the proposals, which are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which all proposal guarantees, except those forfeited, will be returned to the respective Bidders.

11. Acceptance or Rejection of Proposals. The Coronado City Council reserves the right to accept or reject any or all proposals, or to waive any irregularities or informalities in the proposals or in the proposal process; and to make an award on the base proposal or on the basis of any combination of proposal schedules to alternates listed in the proposal which, in its opinion, serves the best interest of the City of Coronado.

12. Bid Protest. Any bid protest must be in writing and received electronically by City Clerk at cityclerk@coronado.ca.us before 5:00 p.m. no later than two working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

a. General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

b. Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

c. Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

d. Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City Clerk electronically via email at cityclerk@coronado.ca.us before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation.

Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

13. Award of Contract. The proposals will be compared on the basis of the total price of all items. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be within sixty

(60) days after the opening of the proposals. All proposals will be compared on the basis of the Engineer’s Estimate. With its proposal, Contractor shall submit to the City, a financial statement and resume of previous work of a similar nature.

14. Execution of Contract. The Contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance, within ten (10) days from mailing the Contract to Contractor. No contract shall be binding upon the City until same has been completely executed by Contractor and the City. The City may collect electronic signatures for Contracts and Agreements that do not require notarization.

Failure to execute a contract and file acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of the award and the forfeiture of the proposal guarantee.

15. Americans with Disabilities Act. The contractor acknowledges its obligations under the Americans with Disabilities Act (ADA) in all regulations and practices pertaining thereto, including, but not limited to discrimination against qualified individuals with disabilities in employment, transportation, public accommodation, telecommunications, and in all activities, programs, and services of the contractor.

16. Minority/Women/Disabled Veteran Businesses. The City of Coronado strongly encourages the use of Minority/Women/Disabled Veteran Business Enterprises. The percentages of participation shall be documented and submitted to the City.

17. Labor Code Compliance.

a) In accordance with the California Labor Code, Contractor must pay not less than prevailing wage rates as determined by the Director of Industrial Relations for all work done under this Contract pursuant to the all applicable laws and regulations and as noticed in Attachment B, which obligations include, but are not limited to, the following:

i. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”).

ii. Contractor and all subcontractors listed in the bid proposal must be registered with the DIR pursuant to Labor Code Section 1725.5.

iii. Contractor must furnish electronic certified payroll records (online) to the Labor Commissioner.

18. Unfair Business Practice Claims. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

SPECIAL PROVISIONS

The following revisions and additions supplement the Standard Specifications referenced in sub-section 3-7. The numbering and paragraphing follows that of the Standard Specifications, 2024 Edition.

PART 1 – GENERAL PROVISIONS

SECTION 1 – GENERAL

1-2 TERMS AND DEFINITIONS

Agency The City of Coronado

Board The City Council of the City of Coronado

Engineer The representative of the City Engineer who is assigned to inspect conformance of the work in accordance with the specifications.

1-7.2 Contract Bonds. Before execution of the Contract by the Agency, the Bidder shall file with the Agency surety bonds satisfactory to the Board in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety authorized to issue such bonds in the State of California, which has assets that exceed its liabilities in an amount equal to, or in excess of, the amount of the bond. The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide, and maintain two good and sufficient surety bonds. The Payment Bond (Material and Labor Bond) shall be for not less than one hundred percent (100%) of the Contract Price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the Work. The bond shall be maintained by Contractor in full force and effect until the Work is accepted by the Agency, and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.

The Performance Bond shall be for at least one hundred percent (100%) of the Contract Price to guarantee faithful performance of all Work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects.

Should any bond become insufficient, Contractor shall renew the bond within ten (10) days after receiving notice from the Agency.

The Bidder shall submit along with the two bonds the following documentation from the surety insurer:

a) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.

b) A copy of the certificate of authority of the insurer issued by the Insurance Commissioner.

c) A financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to thirty (30) days next preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer the financial statement may, instead of an officer’s certificate, be verified by the oath of the principal officer or manager residing within the United States.

Should any Surety at any time be unsatisfactory to the Board, notice will be given Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the Board.

Changes in the Work, or extension of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.

1-7.3 Award of Contract. The proposals will be compared on the basis of the total price of all items including optional additive. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

Such award, if made, will be within sixty (60) days after the opening of the proposals. All proposals will be compared on the basis of the Engineer’s Estimate. With its proposal, Contractor shall submit to the City, a financial statement and resume of previous work of a similar nature.

1-7.4 Execution of Contract.

a) The Contract shall be signed by the successful bidder in triplicate counterpart and returned, together with the contract bonds and insurance, within ten (10) days from mailing the Contract to Contractor. No contract shall be binding upon the City until same has been completely executed by Contractor and the City.

b) Failure to execute a contract and file acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of the award and the forfeiture of the proposal guarantee

SECTION 2 – SCOPE OF THE WORK

2-2 PERMITS

2-2.1 City of Coronado Permits. The Contractor shall obtain a Building Permit and a Noise Permit from the City of Coronado. All fees for these permits will be waived for the Contractor.

2-2.2 Licenses. The Contractor shall obtain and pay costs incurred for all licenses necessitated by his operations. Contractor shall obtain a City of Coronado Business License prior to commencing any work on this project.

2-10 DISPUTED WORK

2-10.1 Disputes.

2-10.1.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.

a) A copy of such documented dispute shall be forwarded to the other party involved, along with recommended methods of resolution that would be of benefit to both parties.

b) The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.

c) If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City Engineer, who will recommend a resolution in writing within ten (10) business days of receipt of such letter.

d) If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law or in equity.

2-10.1.4 Pursuant to Public Contracts Code (“PCC”) section 20104, a claim by the Contractor for a time extension; payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:

a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.

b) Claim of less than fifty thousand dollars ($50,000):

1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant.

2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.

3) The City’s written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

c) Claim of fifty thousand dollars ($50,000) or more:

1) For claims of fifty thousand dollars ($50,000) or more, the City shall respond in sixty (60) days of receipt of the claim, or may request, in writing, within thirty

(30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant.

2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

3) The City’s written response to the claim, as further documented, shall be submitted to the claimant within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.

d) If the claimant disputes the City’s written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the local agency’s response or within fifteen

(15) days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

e) If following the meet and confer conference, the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division

3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to Subsection

(a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

f) A civil action filed to resolve a claim subject to Section 10-4 of this Contract shall be subject to the provisions of PCC Sections 20104.4 and 20104.6.

SECTION 3 – CONTROL OF THE WORK

3-1 ASSIGNMENT.

3-1.1 Contractor Indebtedness. Indebtedness incurred for any cause in connection with this work must be paid by Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and Contractor will indemnify and hold harmless the City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness.

3-7 CONTRACT DOCUMENTS

3-7.1 General. Except as otherwise noted or specified, the work shall be done in accordance with the following referenced specifications and drawings, which are on file and available from the Public Services & Engineering Department, 1825 Strand Way, Coronado, California 92118:

Document

Standard Specifications for Public Works Construction, 2024 Edition

San Diego Regional Standard Drawings (SDRSD), 2022 Edition

San Diego Regional Standard Drawings (SDRSD), 2018 Edition, City-Annotated

3-8 SUBMITTALS

3-8.1 General. When submittals are required by Specifications, or as directed by the City Engineer, they may be shop drawings, product data, samples or documents to ensure that the Work is in accordance with the Contract documents. Contractor shall provide the submittals within fifteen (15) calendar days from the date requested in writing by the City. Contractor is responsible for coordinating, scheduling, sequencing and preparing submittals so that work will not be delayed.

Initial submittals requiring approval will be reviewed at no cost to the Contractor. The cost of reviewing resubmittals, for reason of failure to meet Contract requirements, shall be at the expense of Contractor.

Contractor shall furnish five (5) copies (unless otherwise specified herein) of the required submittals to the City Engineer or submit electronically as “pdf” files if authorized by the Engineer.

Contractor shall ensure no work has begun until submittals for that item of work have been returned approved.

3-8.1.1 Submittals Required. The following submittals shall include, but not be limited to:

a) Construction Schedule

b) Temporary Traffic Control Plan

c) Water Pollution Prevention Plan/BMP Plan

d) Asphalt Concrete Mix Design

e) Concrete Mix Design

f) Dewatering and Pumping Plan

g) Shoring Plan

h) Pump Installation Plan

i) Bypass and Pumping Plan (if contractor determines that it is required)

j) Spill Prevention and Emergency Response Plan

k) Shoring Plan

l) Emergency Service Provider for Confined Space Rescue (or proof of training and certifications for self-rescue)

m) Pre-Cast Valve Vault and Hatch Cover

n) Pipe Fittings

o) Valves

p) Electrical Materials and Shop Drawings

q) Landscape Plants and Materials

r) Ultrasonic Level Meters

s) Start-up, and Commissioning Plan

3-8.3 Shop Drawings. Contractor agrees that Shop Drawing Submittals processed by the City Engineer are not Change Orders; that the purpose of Shop Drawing Submittals by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that Contractor demonstrates his/her/its understanding by indicating which equipment and material Contractor intends to furnish and install, and by detailing the fabrication and installation methods that he/she/it intends to use. Contractor further agrees that if deviations, discrepancies or conflicts between Shop Drawing Submittals and the contract documents in the form of design drawings and specifications are discovered either prior to or after Shop Drawing Submittals are processed by the Engineer, the design drawings and specifications shall control and shall be followed. Shop drawings shall include complete fabrication, assembly, and installation drawings for the complete assembly of the system with all components, equipment, and parts, each with an assigned number corresponding to the system manufacturer’s parts list. Shop drawings shall also show construction details for each component and piece of equipment. All samples and shop drawings are to be submitted to City within thirty (30) calendar days of the Notice to Proceed. Contractor shall submit shop drawings for the items indicated in the specifications.

3-8.3.1 Record Drawings. Accurate and legible records shall be kept on a set of contract drawings of all changes of work that occur during construction. Contractor shall record the exact location by dimension, and exact depth, by elevation, of all installed material, etc. All information necessary to maintain and/or service any concealed work shall be noted on these record drawings.

Such records shall be kept up to date with all entries checked by the City Engineer before the work is buried or covered up. Prior to field acceptance, Contractor shall deliver this information to the Engineer.

3-10 SURVEYING

3-10.1 General. Contractor shall be responsible for surveying adequate for construction unless otherwise expressly stated.

3-10.2 Permanent Survey Markers. Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the City Engineer, and the Contractor shall bear the expense of replacing or resetting any marker that may be disturbed. Replacement or resetting of any marker shall be done only by a California licensed engineer or land surveyor.

3-10.4 Survey Service. If provided by the City, the expense to Contractor for the replacement of construction survey stakes by the City shall be at the rate of $200 per hour including travel time.

3-12 WORK SITE MAINTENANCE

3-12.3 Noise Control. Contractor shall adhere to the applicable provisions of Title 41 of the Coronado Municipal Code, Noise Abatement and Control Ordinance; and, in particular, shall observe the construction noise curfew between 7:00 p.m. and 7:00 a.m. of any weekday and at all times on Sundays and holidays (Sections 41.10.040 and 41.10.050) as described below:

41.10.040 Construction Noise Curfew.

A. It shall be unlawful for any person, between the hours of 7:00 p.m. and 7:00 a.m.

of any day or on legal holidays and Sundays to erect, construct, demolish, excavate for, alter or repair any building or structure in such a manner as to create a disturbing, excessive or offensive noise unless a noise control permit has been applied for and granted beforehand by the Noise Control Officer. In granting such a permit, the Noise Control Officer should consider whether the construction noise in the vicinity of the proposed work site would be less objectionable at night than during the daytime; whether obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime; whether the type of work to be performed emits noises at such a low level as to not cause significant disturbances in the vicinity of the work site; the character and nature of the neighborhood of the proposed work site; whether great economic hardship would occur; if the work is in the general public interest; and he shall prescribe such conditions, working time, types of construction equipment to be used and permissible noise levels as he deems to be required in the public interest.

B. The provisions of Subsection A of this Section shall not apply to emergency work as defined herein, provided that the Noise Control Officer shall be notified in writing of such emergency work no later than forty-eight (48) hours after work commences.

41.10.050 Construction Noise Limits.

Except as provided in Section 41.10.040(B) above, it shall be unlawful for any person, including the City of Coronado, to conduct any construction activity so as to cause, at or within the property lines of any property zoned residential, an average sound level greater than seventy-five (75) decibels during a one-hour period any time between the hours of 7:00 a.m. and 7:00 p.m. unless a variance has been applied for and granted by the Noise Control Officer.

3-12.4.2 Storage in Public Streets. Area available within the City of Coronado for storage of materials is limited. Approval in writing must be obtained from the City Engineer to store equipment or materials within the public right-of-way. The City of Coronado will provide the designated laydown area shown on the pages of Attachment C. Such area is only for the Contractor’s equipment and material required to complete the work. It is to be entirely enclosed by a six-foot-tall security fence with a privacy liner to conceal equipment and materials from public view. Prior to project completion the laydown area is to be cleaned and asphalt surface repaired, if needed to the satisfaction of the City, to previous conditions (may include repairing of pavement, stripping and other elements as directed).The site shall be kept in a clean condition to the satisfaction of the City and shall conform with Best Management Practices to avoid stormwater run-off contamination, and the entire storage area must be slurry sealed and all pavement markings repainted at the conclusion of construction activity.

3-12.4.2.1 Storage of Portable Restrooms. The Contractor shall be permitted to use the public right-of-way during public improvement projects for temporary storage of portable restrooms; however, the containment and location must be as follows:

a) Each portable restroom facility (port-a-potty) must be supplied with a spill tray or other type of secondary containment.

b) Each portable restroom staged on a public street must be relocated every five (5) days or placed within a secured, screened, fenced staging area approved by the City Engineer.

3-12.4.2.2 Landscaping Equipment. The Contractor shall only utilize battery-powered leaf blowers; no gas powered leaf blowers will be used on the project.

3-12.6 Water Pollution Control

3-12.6.1 General. The Contractor shall prepare and submit a Best Management Practices (BMP) plan for construction to the City for review and approval. The plan shall indicate what BMPs will be utilized by the Contractor and where they will be located in order to comply with minimum construction BMP requirements for the City of Coronado as well as all local, state and federal regulations including, but not limited to:

a) Water quality requirements as set out in the City of Coronado’s Municipal Code Title 61 “Storm Water and Urban Run-off Management and Discharge Control.”

b) California Regional Water Quality Control Board, San Diego Region, Order R9- 2013-0001 and all subsequent amendments regarding National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) draining the watersheds within the San Diego Region.

c) The most current General Construction Activity Storm Water Permit (GCASP).

The BMP Construction Plan shall be submitted utilizing the City’s boilerplate format (available online or from staff) for minimum construction BMPs with all required project Submittals and must be approved prior to issuance of a Notice to Proceed unless otherwise approved in writing by the City Engineer. This Project is considered an exempt project. Although the project is considered “exempt,” the Contractor shall implement, monitor, and revise the BMP Construction Plan as needed to suit changing Project site conditions and/or when properly installed systems are ineffective.

The Contractor shall implement, monitor, and revise the BMP Construction Plan as needed to suit changing Project site conditions and/or when properly installed systems are ineffective. Review and approval of the BMP Construction Plan and field inspections completed by the Agency do not relieve Contractor from liabilities arising from non-compliance of storm water pollution regulations.

Compliance with State Water Resources Control Board (SWRCB) requirements is the sole responsibility of Contractor. All fines levied as a result of the Contractor’s failure to comply with the requirements of SWRCB, and/or the BMP Construction Plan, shall be the Contractor’s responsibility. If there is any fine against the City due to non-compliance by the Contractor, City shall recover all costs of the fine by deducting monies from payments due to the Contractor.

Time extensions will not be allowed for any suspension of work as a result of the Contractor’s non-compliance with the BMP Construction Plan.

3-12.6.5 Payment. Payment for the preparation and implementation of the BMP Construction Plan shall be included in the lump sum bid price for BMP Construction Plan Preparation & Implementation.

3-12.7 Removal of Mark-out Paint. Mark outs shall be completed using temporary removable aerosol chalk in lieu of spray paint. Upon substantial completion of all construction work and prior to final completion, the Contractor shall remove all construction and Dig Alert mark-outs from streets, roadways and all other locations in the public right-of-way where markings have been placed during construction. Mark-outs may be removed using power washing or any other removal method approved by the Engineer. The Contractor shall utilize temporary BMPs to prevent wash water from entering into the City’s storm drain system.

3-13 COMPLETION, ACCEPTANCE, AND WARRANTY

3-13.3.1 Guarantee. All work shall be warranted by Contractor for a period of at least one

(1) year from the date of acceptance of the work, unless otherwise specified, against defective workmanship and materials furnished by Contractor. Contractor shall guaranty the pumps for three

(3) years. In addition, the City shall have the advantage of all manufacturer’s warranties which shall be passed through by the Contractor. Manufacturer’s warranties shall not limit or relieve Contractor’s obligations hereunder. Contractor shall promptly replace or repair, in a manner satisfactory to the Engineer, any defective work or materials after notice to do so from the Engineer, and upon Contractor’s failure to make such replacement or repairs promptly, and in any event no later than the date set for in the City’s notice, the City may perform this work and the Contractor and his surety shall be liable for the cost thereof.

SECTION 4 – CONTROL OF MATERIALS

4-2 PROTECTION

4-2.2 Property Rights in Material. Nothing in the Contract documents shall be construed as vesting in Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil. All such materials shall become the property of the City upon being so attached or affixed.

4-4 TESTING

4-4.1 Test of Materials. The following conditions and materials will be tested by the City in addition to the required manufacturer’s or other tests specified: bituminous paving materials, and relative compaction, all special inspection and testing required by the CSI specifications under Attachment F , San Diego Regional Standard Drawings, the City Annotated San Diego Regional Standard Drawings and any other referenced standards or specifications. Tests shall be made by and at the expense of the City after a request by Contractor in such number and at such location as deemed necessary by the Engineer to ensure compliance with Specifications;

however, the cost of retesting any portion of the work that has failed the initial tests taken by the City shall be borne by Contractor.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES

5-3 LABOR

5-3.1.1 Laws. Pursuant to Sections 1720 et seq. and 1770 et seq. of the California Labor Code, Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate or per diem wages are on file in the City Engineer’s office, which copies shall be made available to any interested party on request at the posted reproduction charge. Contractor shall post a copy of such wage determinations at each job site.

5-3.3 Payroll Records. Contractor shall furnish the City certified payroll records for all persons employed by the Contractor and subcontractors in connection with work on the Project.

Failure to do so will delay payments to the Contractor until such certified payrolls are received by the City. Contractor shall furnish electronic certified payroll records (online) to the Labor Commissioner in addition to submitting records to the City, as applicable.

5-4 INSURANCE

5-4.2 General Liability Insurance. Contractor shall obtain and, during the term of the Agreement, shall maintain a commercial general liability (CGL) insurance policy that shall cover liability arising from any and all for bodily injury, personal injury, and property damage in an amount of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) aggregate and shall contain the following coverage:

1. Manufacturers’ and Contractor’s liability.

2. Broad form property damage.

3. Owner’s and Contractor’s protective liability.

4. Broad form contractual liability.

5. Products and completed operations coverage.

6. Coverage for explosion, collapse, or underground property damage (X, C, U

Hazards).

The CGL insurance policy shall be written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01. If limits apply separately to this Project (CG 25 03 or 25 04), the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

All defense costs shall be outside the limits of the policy. If the Contractor or subcontractor maintains higher limits than the limits shown above, the City shall be entitled to coverage for the higher limits maintained by the Contractor and/or its subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the Contractor’s primary policy.

Contractor shall likewise obtain and, during the term of the Agreement, shall maintain an automobile liability insurance policy for all of the Contractor’s automobiles, including owned, hired, and non-owned automobiles, written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury, personal injury and property damage in an amount of not…