Site work for a water / sewer project in San Diego, California. Completed plans call for site work for a water / sewer project.

The Penasquitos Pump Station (PQPS) is among the larger wastewater pump stations in the City's collection system. It is located at 10150 Cara Way, just east of Interstate 15 at Mercy Road. Septic Wastewater from the PQPS has been linked to the poor performance of the processes at the North City Water Reclamation Plant (NCWRP). The addition of high-purity oxygen can effectively prevent septicity by increasing the dissolved oxygen concentration in the wastewater and maintaining an aerobic environment during conveyance of wastewater from the PQPS to the NCWRP. 1.1. The Work shall be performed in accordance with: 1.1.1. The Notice Inviting Bids and Plans numbered 40933-01-D through 40933-51-D, inclusive. Bid Bond 10.00% Payment Bond 100.00% Performance Bond 100.00% The Contract Time for completion of the Work, shall be 219 Working Days. The City reserves the right to cancel the Notice Inviting Bids at any time, and further reserves the right to reject submitted Bids, without giving any reason for such action, at its sole discretion and without liability. Costs incurred by the Bidder(s) as a result of preparing Bids under the Notice Inviting Bids shall be the sole responsibility of each bidder. The Notice Inviting Bids creates or imposes no obligation upon the City to enter a contract. The City reserves the right to reject any or all Bids, to waive any informality or in Bids received, and to waive any requirements of these specifications as to bidding procedure The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with this Article. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting time requirements of the applicable Schedule A; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor's commitment to employ qualified workers through the procedures endorsed in this PLA. The Contractor may propose a firm other than those listed. However, before a substitute firm can perform the analyses, submit the proposed firm's qualifications, the qualifications of personnel proposed for assignment to this project, along with examples of analyses performed on similar pumping equipment using procedures similar to those specified in this section, for review by the Engineer. Examples include the types of graphical displays required under this section as well as a complete report describing the analyses performed and the recommendations arising out of the analysis results. The Engineer retains the right to reject any proposed firm with justification. The records maintained under item 1, described above, shall be consolidated into a Final Summary Report, certified as correct by an authorized representative of the Contractor. The Final Summary Report shall include all subcontracting activities and be sent to the EOCP Program Manager prior to Acceptance. Failure to comply may result in assessment of liquidated damages or withholding of retention. The City will review and verify 100% of subcontract participation reported in the Final Summary Report prior to approval and release of final retention to you. In the event your Subcontractors are owed money for completed Work, the City may authorize payment to subcontractor via a joint check from the withheld retention . An activity or event that must be completed by a specific date and to which liquidated damages may apply. Contract start and completion dates are considered Contract Milestones. A contractually required, specific and measurable test, often with liquidated damages attached, to demonstrate a system or facility performs to its intended function (e.g., flow amounts, duration and quality criteria are met). A successor activity to Performance Testing. All major defects are resolved at this point. If the arbitrator determines in accordance with Section 7.7 above that a work stoppage has occurred, the respondent Union(s) shall, within eight (8) hours of receipt of the Award, direct all the employees they represent on the project to immediately return to work. If the craft(s) involved do not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator's Award, and the respondent Union(s) have not complied with their obligations to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return the employees they represent to work, then the non-complying Union(s) shall each pay a sum as liquidated damages to the City, and each will pay an additional sum per shift, as set forth in (c), below, for each shift thereafter on which the craft(s) has not returned to work. (b) If the arbitrator determines in accordance with Section 7.7 above that a lock out has occurred, the respondent Contractor(s) shall, within eight (8) hours after receipt of the award, return all the affected employees to work on the Project, or otherwise correct the violations found by the arbitrator. If the respondent Contractor(s) do not take such action by the beginning of the next regular scheduled shift following the eight (8) hour period, each non-complying respondent Contractor shall pay or give as liquidated damages, to the affected Union(s) (to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as designated by the arbitrator) and each shall pay an additional sum per shift, as set forth in (c), below, for each shift thereafter in which compliance by the respondent Contractor(s) has not been completed . The Parties agree that project delays caused by violations of this Article will cause the City to sustain damages. They agree that it would be impractical or extremely difficult to fix the amount of such damages. Therefore, the Parties agree that, in the event of a breach of either of these provisions, the Party in breach shall pay to the City the sum of not less than $10,000.00 and no more than $20,000.00 per shift from the time the arbitrator determines that a delay has occurred until the arbitrator determines that the project is again on construction schedule. The payment, when made, shall constitute a damages remedy of the City for the delay specified, but shall not prevent the City from seeking an injunctive or other monetary relief, including termination of this PLA. Payment of these sums as liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but instead, is intended to constitute liquidated damages to the City pursuant to section 1671 of the California Civil Code.