Milliken_Pipeline_PreBid_CityofNapa_WaiverAndReleaseOfLiability.pdf

PDF 193 KB Posted

Attached to
Milliken Raw Water Pipeline Hardening HMGP
Solicitation number
2025-IFB - PC-064
Issued by
Napa County, California

About this file

This is a Waiver and Release of Liability form issued by the City of Napa for participants in a mandatory site visit related to the Milliken Raw Water Pipeline Hardening HMGP Project. The site visit takes place on City of Napa property located at 630 Chaparral Circle and adjacent easements held by the City, specifically at the Milliken Diversion Dam Access Trail. Prospective bidders are required to attend a mandatory site visit scheduled for October 8, 2025, at 9:00 am to inspect the project location before submitting sealed bids. A non-mandatory virtual bidders' conference is scheduled for October 9, 2025, at 9:00 am. Sealed bids for the project are due by November 20, 2025, at 3:00 pm (with subsequent bid deadline updates to November 26, 2025, and December 3, 2025, also noted), submitted electronically through the City's procurement portal. The project involves the installation of approximately 6,200 feet of 16-inch steel pipeline along an unpaved trail adjacent to Milliken Creek, with approximately 3,500 feet to be buried underground and 2,700 feet installed aboveground with protective steel shielding. The anticipated project start date is March 2, 2026, with a completion timeline of 156 working days. Liquidated damages are set at $3,500 per day for unexcused delays.

The waiver form requires all site visit participants to acknowledge and assume all risks associated with their presence on the property, including risks of personal injury and death, and mandates the wearing of good walking shoes or boots and any other necessary personal protective equipment. By signing the waiver, participants release the City of Napa, its officers, employees, agents, and volunteers from all liability claims arising from participation in the site visit, including claims arising from the City's sole active negligence or dangerous property conditions. Participants also agree to indemnify and hold harmless the City from any claims made by third parties related to their participation. The project is funded by FEMA's Hazard Mitigation Grant Program and HUD's Mitigation - Resilient Infrastructure Program, with an estimated construction cost of $5,000,000. Contractors must possess a valid California A-General Engineering Contractor's license, be registered with the California Department of Industrial Relations, and provide bid security equal to 10% of the maximum bid amount. Performance, payment, and warranty bonds are required, with warranty extending one year from the City's project acceptance. The procurement includes specific requirements for small business, minority firm, and women's business enterprise participation following FEMA Public Assistance Contracting guidelines, and contractors must comply with federal regulations including Equal Opportunity, Davis-Bacon Act, and HUD Section 3 requirements.

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Text version

CITY OF NAPA WAIVER AND RELEASE OF LIABILITY

1. I, the undersigned, am a participant in a Site Visit on the Milliken Diversion Dam Access Trail on City of

Napa (“City”) property located at 630 Chaparral Circle and on adjacent easements held by the City of

Napa (“Property”). My presence on the Property, participation in the Site Visit, and use of any City facilities and equipment on the Property during the Site Visit shall be hereafter defined as the “Site Visit.”.

2. I fully understand the risks inherent in the Site Visit. I hereby assume all risk associated with my participation in the Site Visit, including risk of personal injury and death.

3. I fully understand that good walking shoes or boots must be worn during the Site Visit to minimize the risk of personal injury and death. During the Site Visit, I agree to wear good walking shoes or boots and any other personal protective equipment I deem necessary based on the conditions outlined above.

4. In return for being allowed to participate in the Site Visit , I hereby forever waive, release and discharge the City of Napa, its officers, employees, agents and volunteers (“City”) from any and all liability, claims, demands and causes of action, including without limitation, for death, personal injury, disability, property damage or injury or damage of any kind (collectively, “Claims”) arising out of or related to, directly or indirectly, my participation in the Site Visit. THIS RELEASE AND WAIVER IS INTENDED TO BE AS

BROAD AS PERMITTED BY LAW, AND APPLIES TO, WITHOUT LIMITATION, CLAIMS FOR

INJURY TO ME ARISING FROM THE SOLE ACTIVE NEGLIGENCE OF THE CITY, AND A

DANGEROUS CONDITION OF CITY PROPERTY.

5. I hereby indemnify and hold harmless the City from any Claim which may be made by any other person against the City, arising out of or relating to my participation in the Site Visit.

6. This waiver, release and grant of rights applies to me and my family, heirs, executors, administrators and assigns.

NOTICE: THIS DOCUMENT IS A LEGAL INSTRUMENT THAT WAIVES AND

RELEASES LIABILITY.

READ CAREFULLY BEFORE SIGNING.

Date of Site Visit: ____________________

Name of Participant: _______________________________________(“Participant”).

SIGNATURE OF PARTICIPANT:________________________________________

Date of Signature:

File details come from the government source that posted it. Updated .