THE CITY OF POWAY

San Diego County, California

SPECIAL PROVISIONS

For the

STORM DRAIN TRASH DIVERSION PROJECT

Bid No. 27-007

October 2026

TABLE OF CONTENTS

SECTION NO. PAGE NO.

SECTION 1 NOTICE INVITING BIDS 1

SECTION 2 GENERAL PROVISIONS 3

SECTION 3 SPECIFICATIONS AND PLANS 8

SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION, AND 9

LIQUIDATION OF DAMAGES

SECTION 5 AWARD AND EXECUTION OF CONTRACT 12

SECTION 6 PROPOSAL REQUIREMENTS AND CONDITIONS 15

SECTION 7 PUBLIC CONVENIENCE AND SAFETY 21

SECTION 8 DOCUMENTS TO BE EXECUTED BY SUCCESSFUL BIDDER:

Construction Contract 24 Public Work Bond for Material and Labor 33 Letter of Credit Securing Payment of Materials and Labor 34 Public Work Bond for Faithful Performance 36 Letter of Credit Securing Contract Execution 37 Guaranty 39 Worker’s Compensation Insurance Certificate 40

SECTION 9 DOCUMENTS TO BE EXECUTED BY BIDDER:

Background Information 41 Contractor Licensing and Insurance Information 44 Organization, History, Organizational Performance 46 Previous Experience 56 Additional Explanation Page 59 Bid Schedule 60 List of Subcontractors 61 Worker Classifications 62 Proposal, Bid Security Bond or Check 63 Bid Bond 64 Letter of Credit Securing Bid 66 Non-Collusion Affidavit 68

SECTION 10 WAGE RATES AND LABOR CODE REQUIREMENTS 69

SECTION 11 CONSTRUCTION DETAILS AND MATERIALS 77

Weather Triggered Action Plan 90

PART II TECHNICAL SPECIFICATIONS 92

APPENDIX A INLET LOCATIONS AND DETAILS 99

APPENDIX B DEVICE DETAILS AND SPECIFICATIONS 123

APPENDIX C SANITARY SEWER SPILL PREVENTION PLAN AND

SPILL EMERGENCY RESPONSE PLAN 130

CITY OF POWAY

NOTICE INVITING BIDS

Sealed bids will be received at Poway City Hall, 13325 Civic Center Drive, Poway, CA

92064, Customer Services Counter – 1st Floor, until 3:00 p.m. on October 29, 2026, at which time they will be publicly opened by a City representative and read. They shall be submitted in sealed envelopes marked on the outside with the project title:

BID NO. 27-007

PROJECT DESCRIPTION:

This project consists of furnishing and installing trash capture units in existing inlets, catch basins and cleanouts, and all related and necessary work as required for a fully functioning trash capture device system as required by manufacturer installation instructions, standard specifications, and these special provisions.

No bid will be received unless it is made on a bid form which is included as part of the Special Provisions for the project. Each bid shall be accompanied by cash or a cashier’s check or a certified check, or a satisfactory bid bond issued by a California admitted surety insurer in the form as included in the bid documents, in any event in an amount not less than 10% of the total amount of the bid.

Construction surveying and staking will be provided by the Contractor. The

Contractor must obtain a Right-of-Way Permit from the City, at no cost, before construction begins.

Plans, Specifications, and other Contract documents are available online at https://www.bidnetdirect.com/california/cityofpoway.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The award of the Contract, if it is awarded, will be to the lowest responsible bidder for the Base Bid.

All questions during the bidding process must be submitted by 5:30 p.m. on October 15, 2026, to Project Manager Douglas Nguyen, Associate Engineer, at (858) 668- 4605 or via email at dnguyen@poway.org.

PRELIMINARY ENGINEER'S ESTIMATE: $215,000

Date:____________________________ _________________________________ Tracy Beach, City Engineer

10/05/2026

SECTION 2

GENERAL PROVISIONS

2-1 LEGAL RELATIONS AND RESPONSIBILITY - Attention is directed to Section 5, “Legal Relations and Responsibilities,” of the Standard Specifications.

2-2 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION - The Contractor's attention is directed to the requirement in Section 12940, et.seq. of the Government Code. The Contractor shall at all times comply with the applicable requirements of the California Fair Employment and Housing Act.

2-3 SOUND CONTROL REQUIREMENTS - The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to the Contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

The noise level from the Contractor's operations, between the hours of 5:00 p.m. and 7:00 a.m., shall not exceed 86 d.b.a. at a distance of 50 feet. This requirement in no way relieves the Contractor from the responsibility of complying with local ordinances regulating noise levels.

Said noise level requirements shall apply to all equipment on the job or related to the job including, but not limited to, trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work involved and no additional compensation will be allowed therefore.

2-4 CONSTRUCTION EQUIPMENT - The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment.

2-5 PERMITS - Attention is directed to Section 2-2 "Permits," of the Standard Specifications for Public Works Construction, 2021 Edition, the associated Regional Supplement Amendments, and these Special Provisions. The Contractor will be required to obtain a City of Poway Public Right-of-Way Permit, at no cost to the Contractor.

2-6 LICENSES - No bid will be accepted from a bidder who is not licensed to conduct business in the State of California and licensed to perform the class of work defined by these bid documents.

The Contractor is required to complete the License Certification contained in the Bid Proposal documents. The Contractor's license classification required for this project is:

License Type A.

The Contractor shall maintain a current City of Poway Business Certificate and State of California Department of Industrial Relations’ Public Works Contractor Registration Number.

2-7 INCREASED OR DECREASED QUANTITIES - As per the Standard Specifications for Public Works Construction, 2021 Edition, and the associated Regional Supplement Amendments, Section 7-3, “Payment.”

2-8 EQUIPMENT RENTAL RATES - The requirements associated with equipment rental rates for extra work items will be in compliance with Section 7-4, “Payment for Extra Work,” of the Standard Specifications for Public Works Construction, 2021 Edition, and the associated Regional Supplement Amendments.

a. The following revisions are made to this section:

i. Section 7-4.2.1 – Labor. Delete the first paragraph and replace it with the following: “The cost of labor shall be the actual cost for wages of workers performing the Extra Work at the time the Extra Work is done, plus payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes. A labor surcharge rate will be added to the cost of labor and shall constitute full compensation for statuary payroll items imposed by Federal, State or local laws. The labor surcharge rate shall be determined from the State of California, Business, Transportation and Housing Agency, Department of Transportation, Division of Construction’s Labor Surcharge and Equipment Rental Rates Book. The edition of this book in effect at the time the extra work was performed will govern the rate paid.”

ii. Section 7-4.2.3 - Tool and Equipment Rental. Delete the second paragraph and replace it with the following: “Regardless of ownership, the rates used to determine equipment rental rates shall be those listed in the State of California, Business, Transportation and Housing Agency, Department of Transportation, Division of Construction’s Labor Surcharge and Equipment Rental Rates Book. The edition of this book in effect at the time the extra work was performed will govern the rate paid.”

iii. Section 7-4.2.3 - Tool and Equipment Rental. Revise the last sentence in paragraph 6 to read: “This time begins when the equipment is first put into actual operation on the extra work.”

iv. Section 7-4.3.1 – Work by the Contractor. Delete this section and replace with the following: “The Contractor shall be provided the following markup related to the extra work and shall constitute all delay costs, overhead costs, profit, and other expenses related to the extra work:

a. Labor 15%

b. Equipment 15%

c. Materials 15%

d. The Contractor will be compensated for the actual increase in the

Contractor’s bond premium caused by the extra work.

Section 7-4.3.2 – Work by the Subcontractor. Delete this section and replace with the following: “When all or any part of the extra work is performed by a subcontractor, the markup established in 7-4.3.1 shall be applied to the subcontractor’s actual cost of such work as determined under 7-4.2.3, to which a markup of 5 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 2.5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

2-9 ANTI-KICKBACK - The Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3).

2-10 WORK STANDARDS - The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Section 103 requires the Contractor to compute the wages of every mechanic and laborer on the basis of a standard workday of 8 hours and a standard workweek of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the work week. Section 107 of that act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor.

2-11 PAYMENT RETENTION CLAUSE - In conformance with the Public Contract Code Section 22300, the Contractor may substitute securities for any moneys withheld by the City to ensure performance under the Contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Poway or with a State or Federally chartered bank as the escrow agent who shall pay such moneys to the Contractor upon satisfactory completion of the Contract.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

2-12 ASSIGNMENT OF CONTRACT - The successful bidder shall agree not to assign, transfer, convey, sublet or otherwise dispose of the items appearing on this bid form which he may be awarded, or any rights accruing thereunder, title or interest therein, funds to be received hereunder, or any power to execute the same without the consent in writing of the

Director or City Engineer, Department of Development Services. Notice is hereby given that the City of Poway will not honor any assignment made by the Contractor, unless the consent in writing, as indicated above, is given.

2-13 MONTHLY PROGRESS PAYMENT REQUESTS - Monthly progress payment requests will be made in compliance with Section 7, “Measurement and Payment,” of the Standard Specifications for Public Works Construction, 2024 Edition, and the associated Regional Supplement Amendments.

a. The closure date for acceptance of monthly progress payment requests will be the fifth working day of the month for contract work completed the previous month. The Contractor shall submit progress payment requests through Virtual Project Manager

(VPM).

b. For purposes of developing monthly itemized progress pay estimates, the

Contractor’s site representative shall conduct field measurements with the City Inspector or Engineer.

c. Payment to the Contractor is contingent upon the City’s receipt of a current and updated project schedule showing all remaining contract work.

d. Payment to the Contractor is contingent upon the City’s receipt of certified payroll records for the Contractor’s workers and all subcontractors, which shall include the payment of prevailing wages per Section 10 of the Notice Inviting Bids.

e. After the City has approved the quantities and items of work in the monthly progress payment request, and after the City has received and approved an updated project schedule and certified payroll records, payment will be made to the Contractor within 30 calendar days of approval.

2-14 CONTRACT DOCUMENTS – The following documents, the Advertisement for Bids, Notice Inviting Bids, Information for Bidders, Special Conditions, the accepted Bid, Bid Bond, Work and/or Project Description, the Agreement, Performance and Payment Bonds, the General Conditions of the Contract, Supplemental General Conditions, Specifications, Drawings, Details, and all addenda and Change Orders executed by the parties pursuant to the provisions thereof, are herein defined as the “Contract Documents.”

a. The Contract Documents comprise the entire agreement between the City of Poway and the Contractor concerning the Work and will be construed in accordance with the laws of the State of California.

b. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. In case of conflict or inconsistency, the Specifications shall take precedence over the Shop Drawings. Large scale and full-size drawings shall be followed in preference to small-scale drawings. Figured dimensions shall be followed in preference to scaled measurement.

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SECTION 3

SPECIFICATIONS AND PLANS

3-1 The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, 2024 Edition; the Regional Supplement Amendments; and City of Poway’s Supplemental Engineering Standards, 2021 Edition; all hereinafter referred to as “Standard Specifications”. All grading shall be in accordance with the City of Poway Municipal Code and these Special Provisions. All Contracts that contain landscape construction shall reference the City of Poway Landscape and Irrigation Design Manual, 2021 Edition. Traffic control devices and their application shall conform to the California Manual on Uniform Traffic Control Devices (CAMUTCD). All work relating to traffic signals, signal communication, signing, striping and marking, and temporary traffic control shall be in accordance with the Caltrans Standard Specifications, dated 2018, and the Caltrans Standard Plans, dated 2018.

3-2 The precedence of the Contract documents shall be in compliance with Section 3- 7.2, “Precedence of Contract Documents,” as indicated in the Standard Specifications for Public Works Construction, 2024 Edition, and the associated Regional Supplement Amendments.

3-3 References in these Special Provisions to Standard Drawings shall mean the City of Poway’s Supplemental Engineering Standards, 2021 Edition; and Regional Standard Drawings, San Diego Area, 2021; or Caltrans Standard Plans, 2018.

3-4 All materials used on this project shall be included in the City of Poway’s approved materials list, which is included in the City of Poway’s Supplemental Engineering Standards, 2021 Edition. Any alternate request must be submitted and approved by the City Engineer prior to bid opening. All material substitution requests must be received by the City a minimum of 10 days prior to bid opening.

3-5 Where the Standard Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the Contract.

SECTION 4

BEGINNING OF WORK, TIME OF COMPLETION,

AND LIQUIDATION OF DAMAGES

4-1 Attention is directed to the Provisions in Section 6, "Prosecution and Progress of the Work," of the Standard Specifications and these Special Provisions.

4-2 The Contractor shall begin work within five (5) days after the start date indicated in the Notice to Proceed. Should the City fail to issue a Notice to Proceed, said Notice shall be deemed given upon the date of mailing to the Contractor of the fully executed Contract.

The Contractor shall diligently prosecute the work to completion within 40 working days from the date of said Notice to Proceed. Regardless of whether the Contractor actually begins work on the date specified above or not, the Contract time shall begin on that date unless a written extension of time has been granted by the Engineer pursuant to Section 6-4 of the Standard Specifications.

4-3 The Contractor shall pay to the City of Poway the sum of $500 (five hundred dollars) per day for each and every calendar days delay in completing the work in excess of the number of working days prescribed above. In no event will liquidated damages, as provided for in this Section 4, exceed $500 for any one-calendar days delay.

4-4 WORKING DAY

a. The Contractor's activities shall be confined to the hours between 7:00 a.m. to 4:30 p.m. Monday through Thursday, and 7:30 a.m. to 4:00 p.m. alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the City Engineer, except for emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.

b. Lane Closures on Major Arterials will be allowed between 8:30 a.m. and 3:30 p.m.

Monday through Thursday, and alternating Fridays, excluding holidays, and per the approved traffic control plan. Lane Closures on Poway Road between Oak Knoll Road and Midland Road will be allowed between 8:30 a.m. and 11:30 a.m. and between 1:30 p.m. and 3:30 p.m. Monday through Thursday, and alternating Fridays, excluding holidays, and per the approved traffic control plan. Lane Closures on Collector Streets will be allowed between 8:00 a.m. and 4:00 p.m.

Monday through Thursday, and between 8:30 a.m. and 3:30 p.m. on alternating Fridays, excluding holidays, and per the approved traffic control plan. There shall be no lane closures on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the City Engineer, except for emergencies involving immediate hazard to persons or property.

c. The following is a list of City-observed holidays:

New Year’s Day January 1 Martin Luther King Jr. Day third Monday in January Presidents’ Day third Monday in February Memorial Day last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day fourth Thursday of November Day after Thanksgiving fourth Friday of November Christmas Day December 25

When a holiday falls on a Sunday, the following Monday will be designated legal holiday. When a holiday falls on a Saturday, the preceding Friday will be the designated holiday.

4-5 CONSTRUCTION SCHEDULE

a. As soon as possible after award of the Contract, and before a Notice to Proceed has been issued, the Contractor shall prepare and submit to the City's representative a construction progress schedule showing all work items. The schedule shall be in graphic form, bar graph, or such similar form as is acceptable to the City's representative showing the proposed dates of commencement, critical path items, and completion of each of the various subdivisions or units of work required under the Contract. Items on the schedule shall be arranged in the order and sequence in which they will be performed. The schedule shall conform to the working time and time of completion established under the terms of the Contract and shall be subject to modifications by and review of the City's representative. When necessary, in the opinion of the City's representative, the Contractor, when so ordered, shall modify the schedule to conform to such requirements. Upon request, the Contractor shall provide the construction schedule in both hard copy and electronic copy which may include PDF and/or an editable version.

b. The Contractor shall also provide a three-week look ahead schedule, which shall be updated and provided to the City on a weekly basis or whenever significant changes are made. The schedule shall include a brief summary or list of proposed daily construction activities for the next three weeks and identify any critical path items during the scheduled time frame.

c. The construction schedule shall be continuously updated and, if necessary, revised whenever an event occurs which renders the existing schedule inaccurate. Failure to submit an accurate revised schedule within 48 hours will result in the delay of the issuance of the monthly progress payment.

d. Copies of newly updated schedules shall be forwarded to the City's representative, as directed, immediately upon preparation. Failure to submit updated construction schedules within 48 hours of receiving the request for progress payment will result in a delay of the issuance of the monthly progress payment check. Monthly progress payment check will not be issued until an updated schedule is received.

e. Request for extensions of time when related to unforeseen events beyond the control of the Contractor, as stated in Section 6-4 of the Standard Specifications, shall be submitted to the City within 24 hours of the event. Any requests received more than 24 hours after the event are subject to rejection.

4-6 PROJECT DOCUMENTATION

Upon request, the Contractor shall provide copies of daily field reports. Reports shall include a summary of daily activities as well as a list of personnel along with materials and equipment used.

SECTION 5

AWARD AND EXECUTION OF CONTRACT

5-1 The bidder's attention is directed to the provisions in Section 1-7, "Award and Execution of the Contract," of the Standard Specifications and to Proposal Requirements and Conditions of the Special Provisions for the requirements and conditions concerning award and execution of the Contract.

Bids are required for the entire work described herein.

5-2 AWARD OF CONTRACT - The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described.

The award, if made, will be made within forty-five (45) days after the opening of bids.

Award of bid is subject to City Council appropriation of funds for the project.

The City reserves the right, after opening bids, to reject any or all bids, or to make award to the lowest responsible bidder, and reject all other bids, to waive any informality in the bidding, and to accept any bid or portion thereof. Bids will be compared on the basis of the Engineer's estimate of the quantities of the several items of work as shown on the Bid Schedule.

5-3 CONTRACT BONDS:

Performance Security - The Contractor shall furnish two good and sufficient bonds. Each of the said bonds shall be executed in a sum equal to: one hundred percent (100%) of the Contract price for the Payment Bond (material and labor) and one hundred percent (100%) of the Contract price for the Faithful Performance Bond. One of the said bonds shall secure the payment of claims for material and labor, and the other of the said bonds shall guarantee the faithful performance of the said Contract by the Contractor. Bonds shall be furnished by surety companies satisfactory to the City Attorney on forms provided herein.

Pursuant to Public Contract Code Section 22300, provisions for substitution of securities for performance retentions will be allowed.

Bid Security - Each bid must be accompanied by either cash, certified or cashier's check drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory bidder's bond in favor of the City executed by the bidder, as principal, and a California admitted surety company (as defined by California Code of Civil Procedure sections 995.120 and 995.311) as surety, or letter of credit made payable to the City of Poway (the “Bid Security”). The Bid Security must be in an amount equal to at least ten percent (10%) of the amount bid, such guaranty of the bidder to be forfeited should the successful bidder to whom the Contract is awarded withdraws its bid prior to the expiration of sixty (60) calendar days after the opening of the bids, or attempts to withdraw its bid when the requirements of Public Contract Code sections 5100 et seq. are not met; or refuses or fails to enter into the Contract within ten (10) days (Sundays and legal holidays excluded), and provide the required bonds, insurance or certificates within fifteen (15) days (Sundays and legal holidays excluded) after the award of the Contract. In such event, if the

City awards the Contract to the next lowest responsible bidder, the amount of the lowest responsible bidder’s Bid Security shall be applied to the Contract Price differential between the lowest bid and the next lowest bid and the surplus, if any, will be returned to the lowest bidder. If the City rejects all other bids presented and re-advertises, the lowest bidder’s Bidder Security may be used to offset the City’s cost of revising its plans and specifications, re-advertising and receiving new bids. Required qualifications for the surety issuing bid bonds shall be the same as the qualifications for sureties set forth in Section 5-8, “Surety and Insurance Company Qualifications.”

In lieu of bonds required of the bidder, the bidder may provide security in the form of a cash deposit or a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney.

If the Bid Security is in the form of a bid bond, bidder shall use the form entitled “Bid Bond” contained in the bid documents at pages 64-65, which bid bond shall be properly executed and acknowledged by the bidder and by an appropriate surety. Any material alteration of said form of bid bond, as herein required, will render it unacceptable and result in the rejection of the proposal under which the bid bond is submitted.

5-4 EXECUTION OF CONTRACT - The Contract shall be signed by the successful bidder and returned, together with the Contract bonds, within ten (10) days, excluding Sundays and legal holidays, 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.

5-5 Failure to execute the Contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the Contract has been awarded to him, shall be just cause for the annulment of the award and the forfeiture of the Bid Security.

5-6 RETURN OF BIDDER'S BID SECURITIES - Within ten (10) days after the award of the Contract, the City will return the Bid Securities accompanying each of the proposals that are not to be further considered in making the award. All other Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, except those forfeited, will be returned to the respective bidders whose proposals they accompany.

5-7 INSURANCE - The City shall be named as an additional insured with the bidder.

Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirement is as follows:

Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate

Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit

Workers' Compensation insurance: Per the statutory amount

Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City.

Upon request by City prior to the time of Award of Bid, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with this proof of insurance prior to the time of award shall entitle City to reject the bidder’s bid as non-responsive and to award the bid to the next lowest bidder at the sole discretion of City.

The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Bid, shall constitute a material breach of the contract, entitling City to terminate the contract and call the bid bond.

5-8 SURETY AND INSURANCE COMPANY QUALIFICATIONS - All bonds and all insurance shall meet the following standards. The issuing company:

a. Shall be an "admitted surety" or an insurance company listed by the State Insurance

Commissioner; and

b. Shall have a rating in the latest Best's Rating Guide of "A -" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.

In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.)

SECTION 6

PROPOSAL REQUIREMENTS AND CONDITIONS

6-1 The bidder's attention is directed to the General Provisions of the Standard Specifications and these Special Provisions for the requirements and conditions, which must be observed in the preparation of and the submission of the bid.

6-2 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE

OF WORK - The bidder is required to examine carefully the site of and the Proposal, Plans, Specifications, and Contract forms for the work contemplated; and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Specifications, the Special Provisions, and the Contract. It is mutually agreed that submission of the proposal shall be considered prima facie evidence that the bidder has made such examination.

The quantities given in the notice to Contractors and in the proposal and Contract are approximate only, being given as a basis for the comparison of bids. The Development Services Department does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer.

6-3 DEFINITION OF TERMS - Whenever the words herein defined, or pronouns used in their stead, occur in these Special Provisions or Standard Specifications, they shall have the meaning here given, except as the context requires a different meaning.

a. The word "City" or "Agency" shall mean the City of Poway.

b. The term "Board" or "City Council" shall mean the City of Poway.

c. The term "Engineer" shall mean the City Engineer of the City of Poway, California, or his designated representative.

d. Wherever in the Standard Specifications or upon the Plans, the words “directed,”

“required,” “ordered,” “designated,” “prescribed” or words of like import are used, it shall be understood that the direction, requirements, permission, order, designation, or prescription of the Engineer is intended, and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import shall mean approved by, or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.

6-4 PROPOSAL FORM - All proposals must be made on blank forms provided in these Special Provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, their name and address must be shown. If made by a firm or partnership, the name and 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.

6-5 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR

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

The City of Poway reserves the right to reject any and all bids.

6-6 BIDDER'S GUARANTEE - All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of Poway 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.

6-7 PROOF OF INSURANCE - The bidder making this proposal warrants and represents that the bidder has carefully read and understood all of the insurance requirements of the Contract Documents and has included the full cost of providing insurance meeting all requirements of the Contract Documents in the bid.

6-8 ORDINANCE 735 – LOCAL VENDOR PREFERENCE – A local vendor is a business that is located in and licensed to provide goods and/or supplies within the City limits of Poway, and reports sales taxes to the State of California. When calculating bids or quotes based on the lowest responsible bid, and which involves the purchase of taxable goods in whole or in part, the preference to be granted to the price bid or quoted by a local vendor shall be 1%, which is equal to the portion of sales tax the City receives. The 1% preference will only apply to the taxable portion of the bid or quote. See the Poway Municipal Code, Title 3.

6-9 DEBARMENT – By submitting a bid, the proposing contractor certifies, under penalty of perjury, that neither it, nor any person associated with it in the capacity of owner, partner, director, officer, or manager (1) are currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from submitting bids for contracts issued by any City or political subdivision or agency of the State of California or the Federal Government; (2) have (within the three (3) year period preceding the submission of the bid) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses described in clause (2), above; and (4) have (within the three (3) year period preceding the submission of the bid) had one or more public transaction (federal, state, or local) terminated for cause or default.

6-10 CERTIFICATION AND INDEMNIFICATION REGARDING PUBLIC EMPLOYEES’

RETIREMENT LAW/PENSION REFORM ACT OF 2013 – The proposing contractor will certify that if selected, all persons providing services to City by Contractor are not current members of the California Public Employees’ Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto Section 6-10a.

Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

6-11 BACKGROUND INFORMATION QUESTIONNAIRE - The Contractor shall submit the Background Information Questionnaire in Section 9, with their bid. Falsifying any information on this questionnaire could jeopardize or delay award of the contract and may render the bid nonresponsive.

6-12 CALIFORNIA AIR RESOURCE BOARD REQUIREMENT – The Contractor shall submit copies of the valid Certificates of Reported Compliance, including from the listed subcontractors when the work involves the operation of self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine vehicles, including vehicles that are rented or leased. Failure to provide the Certificates of Compliance may render a bid non-responsive. A Contractor claiming an exemption to this requirement shall provide an explanation with detailed reasoning signed by the Contractor and will be reviewed for compliance by the City.

a. Cal Gov Code § 7522.56:

Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013

7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions

(a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.

(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.

(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.

(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.

(e)

(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.

(2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.

(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:

(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.

(2)

(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.

(B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013 or has been included in subsequent agreements.

(4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.

(g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.

(h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.

(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5.

History

Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations

Notes

Amendments:

Note—

Amendments:

2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).

SECTION 7

PUBLIC CONVENIENCE AND SAFETY

7.1 CITY OF POWAY RIGHT-OF-WAY PERMIT - Add the following to Section 2-2, “Permits,” of the Standard Specifications.

a. The Contractor is required to apply for and obtain a Right-of-Way Permit from the

City of Poway for any work to be performed in the right-of-way. The Right-of-Way Permit will be issued by the City of Poway once the City has reviewed and found the submittal to be in compliance with the City’s standards for safety and construction.

No permit fee will be required for work on a City Contract.

b. One Right-of-Way Permit will be issued for all phases of work to be performed by the Contractor or his subcontractors on the project.

c. The Contractor is required to submit traffic control plans for each phase of work and/or location work will be performed in the public right-of-way.

d. The Contractor is not required to provide an additional copy of their Certificate of

Insurance or their State of California Contractor’s License as listed in the Right-of- Way Permit application. These documents are currently on file with the City of Poway as a result of the project Contract awarded by the Poway City Council.

e. Should the Contractor or one of his subcontractors fail to comply with the requirements of the Right-of-Way Permit, the Right-of-Way Permit will be revoked.

Any subsequent Right-of-Way Permit issued by the City of Poway to the Contractor will be done so only after the Right-of-Way application fees are paid to the City of Poway with the subsequent Right-of-Way Permit application.

7-2 WORK SITE MAINTENANCE - Shall Conform to Section 3-12 of Standard

Specifications as revised below:

a. Section 3-12.4.2, Storage in Public Streets. Delete the first paragraph and replace with the following: “Construction materials and equipment shall not be stored in the streets, roads or highways. All materials or equipment not installed or used in construction after delivery shall be stored elsewhere by the Contractor at their expense unless otherwise authorized by the City Engineer or their appointed representative.”

7-3 TRAFFIC CONTROL - Traffic control shall conform to Part 6 of the Standard Specifications as revised below:

a. Section 600-1, General. Add the following paragraph between the first and second paragraphs: “The Contractor shall prepare a letter of notification regarding the intent to start work on the upcoming project, the impact to traffic, when and where the work will begin, and how long the work will be performed in the area described. The letter will be submitted to the City Engineer for review and approval before distribution.

Once the letter is approved, the Contractor shall mail by U.S. Postal Service or other approved mail carrier (certified return receipt required) a signed copy of the letter to the Poway Fire Department, the San Diego County Sheriff’s Department - Poway Substation, the U.S. Post Office, the Poway Unified School District, and Edco, the trash company collecting trash in the City of Poway. The notification letter must be received a minimum of five working days before the work is to begin. The Contractor shall cooperate with all local authorities relative to handling traffic and pedestrians traveling through the work zone. The Contractor and their personnel shall not park personal vehicles in the work area or the adjacent public right-of-way.”

b. Section 601-2 General. Delete first paragraph and replace with the following: “Traffic control plans are to comply with Part 6 of the California Manual on Uniform Traffic Control Devices (Cal MUTCD) 2018 Edition and Appendix “A” - Traffic Control Plans of the San Diego Regional Standard Drawings, 2021 Edition.”

c. Section 601-2.1 General. Add the following between the second and third paragraphs: “The traffic control plan shall show all affected streets, work days and work hours (from – to –), appropriate signs and sign spacing dimensions,…