Agenda — Avalon City Council, February 17, 2026

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CITY OF AVALON

CONTRACT AND BID DOCUMENTS FOR
Cabrillo Mole Phase II Revitalization Project –
Stage 0 – Temporary Facility Site Preparation and
Utility Installation
CONTRACT NO. 2026-180005-0
January 28, 2026
City of Avalon
Capital Improvement Department
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TABLE OF CONTENTS
Page
-i00 11 16 – NOTICE INVITING BIDS......................................................................................... 1 00 21 13 – INSTRUCTIONS TO BIDDERS............................................................................... 4 00 41 43 – BID FORMS ...........................................................................................................12 00 52 13 – CONTRACT FOR CONSTRUCTION .....................................................................35 00 61 13 – BOND FORMS.......................................................................................................40 00 72 00 – GENERAL CONDITIONS.......................................................................................49 TECHNICAL SPECIFICATIONS............................................................................................122 PLANS AND DRAWINGS REFERENCE ...............................................................................205 o Exhibit A, Utility Infrastructure Drawings, dated 1/27/2026, 10 pages, o Exhibit B.1, Temporary facilities, Architectural & Structural drawings, dated 8/17/2025, 7 pages
o Exhibit B.2 Temporary facilities, calculations, dated 8/18/2025, 19 pages 65059.00000\40059964.1
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NOTICE IS HEREBY GIVEN that the City of Avalon with its principal place of business at 410 Avalon Canyon Road, Avalon CA 90704 ("City") invites and will receive sealed bids (“Bids”) up to but not later than 3 p.m., Thursday, February 12, 2026 at the Office of the City Clerk, located at 410 Avalon Canyon Road, Avalon, CA 907004 for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for Cabrillo Mole Phase II Revitalization Project – Stage 0 – Temporary Facility Site Preparation and Utility Installation (“Project”). At said time, Bids will be publicly opened and read aloud. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the bid opening date.

This project includes necessary demolition, grading, piping to install foundation and decking to support temporary facilities during the Cabrillo Mole Revitalization Project. This project also includes installation of utilities to support the temporary facilities as well as final project.

Bids must be submitted on City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from www.cityofavalon.gov/rfp, [email protected] or 310.510.0220, ext. 126. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective Bidder to download and print all Contract Documents for review and to verify the completeness of Contract Documents before submitting a bid. Any addenda will be posted on www.cityofavalon.gov/rfp . It is the responsibility of each prospective Bidder to check www.cityofavalon.gov/rfp on a daily basis through the close of receiving bids for any applicable addenda or updates. City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Contract Documents. Information on www.cityofavalon.gov/rfp may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by www.cityofavalon.gov/rfp.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or bid bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to the City of Avalon as bid security. The bid security shall be provided as a guarantee that within ten (10) days after City provides the successful Bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.

A NON-MANDATORY Pre-Bid Conference is scheduled for Thursday, February 5, 2026 at 10 a.m. to review the Project's existing conditions at the Avalon City Hall, 410 Avalon Canyon Road, Avalon, CA 90704. Representatives of City and consulting engineers, if any, will be present.

The successful Bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company 65059.00000\40059964.1
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that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract.

Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Los Angeles County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at City’s Capital Improvement Project Department and shall be made available to interested parties upon request.

The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Bid.

Unless otherwise provided in the Instructions to Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract: A and/or B.

Substitution requests shall be made within 35 calendar days after the award of the Contract.

Pursuant to Public Contract Code Section 3400(b), City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.
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City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by City from the base bid alone. City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding process.

For further information, contact Robert Greenlaw, P.E., City Engineer, at [email protected] or [email protected] or 310.510.0220, ext. 129.

END OF NOTICE INVITING BIDS
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ARTICLE 1. SECURING DOCUMENTS
Bids must be submitted to City on the Bid Forms which are a part of the Contract Documents for the Project. Contract Documents may be obtained as specified in the Notice Inviting Bids.

Prospective Bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact City to obtain the required Contract Documents if they decide to submit a Bid for the Project.

ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein and made part of the Contract Documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract Documents. The failure or omission of any Bidder to receive or examine the Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under state law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other Contract Documents may submit a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other Contract Documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Contract Documents. The City will not be responsible for any other explanation or interpretations of the Contract Documents. If a prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the prospective Bidder to promptly bring it to the attention of the City. 65059.00000\40059964.1
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ARTICLE 4. PRE-BID CONFERENCE
A non-mandatory Pre-Bid Conference is scheduled for 10:00 a.m. Thursday, February 5, 2026 to review the Project's existing conditions at 410 Avalon Canyon Road, Avalon, CA 90704.

Representatives of the City and consulting engineers, if any, will be present. Oral statements regarding this Bid at the Pre-Bid Conference should be considered unverified information unless confirmed in writing.

ARTICLE 5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids.

The City may determine, in its sole discretion, whether an addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide the City a name, address, email address, and facsimile number to which addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Copies of addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all addenda. To this end, each Bidder should contact the Capital Improvement Department to verify that it has received all addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the addenda received prior to bidding in the space provided in the Bid Forms. Failure to indicate all addenda may be sufficient cause for rejecting the Bid.

ARTICLE 6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

ARTICLE 7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required. Deviations in the Bid Forms may result in the Bid being deemed nonresponsive.

ARTICLE 8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract 65059.00000\40059964.1
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Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

ARTICLE 9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, contractor license number, and public works contractor registration number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the work described in the Contract Documents in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code section 4104. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with Public Contract Code section 4107.

ARTICLE 10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any Bid submitted by a Bidder not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Project involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

ARTICLE 11. BID SECURITY (BOND)
Each Bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to the City; or (c) a bid bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to the City as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) calendar days after the City provides the successful Bidder the Notice of Award, the successful Bidder will enter into a Contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time, and the City may enter into a Contract with the next lowest responsible bidder providing a responsive bid, or may 65059.00000\40059964.1
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call for new bids. No interest shall be paid on funds deposited with the City. The City will return the security accompanying the Bids of all unsuccessful Bidders no later than sixty (60) calendar days after award of the Contract.

ARTICLE 12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a Bid with the City of one million dollars ($1,000,000) or more, certify at the time the Bid is submitted that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the Bid Forms and must be signed and dated under penalty of perjury.

ARTICLE 13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their Bid. This form is included with the Bid Forms and must be signed and dated under penalty of perjury.

ARTICLE 14. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the successful Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor DIR Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid nonresponsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the City that the Bidder is qualified to properly carry out the terms of the Contract.

ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City a Workers' Compensation Certificate prior to performing the work under this Contract. The form of such Workers' Compensation Certificate is included as part of the Bid Forms. 65059.00000\40059964.1
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ARTICLE 17. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

ARTICLE 18. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the bid security and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Public Works Department of the City before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the Bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the Bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name)
for the Cabrillo Mole Phase II Revitalization Project – Stage 0 – Temporary Facility Site Preparation and Utility Installation Only where expressly permitted in the Notice Inviting Bids may Bidders submit their Bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. The City may reject any Bid not strictly complying with the City’s designated methods for delivery.

ARTICLE 19. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every Bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public reading of each Bid will include the following information:

A. The name and business location of the Bidder.
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B. The nature and amount of the bid security furnished by Bidder.

C. The Bid amount.

Bidders or their representatives and other interested persons may be present at the opening of the Bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids.

The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

ARTICLE 20. WITHDRAWAL OF BID
Any Bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw Bids shall be worded so as not to reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted Bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to the City within five (5) working days of the Bid opening and in compliance with Public Contract Code section 5100 et seq., or as otherwise may be allowed with the consent of the City.

ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one Bid for the same work unless alternate Bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from simultaneously submitting its own Bid as a prime contractor.

ARTICLE 22. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments for the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

ARTICLE 23. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a 65059.00000\40059964.1
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subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

ARTICLE 25. INSURANCE REQUIREMENTS
Prior to commencing work, the successful Bidder shall purchase and maintain insurance as set forth in the General Conditions.

ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful Bidder will be required to furnish a labor and material payment bond and a faithful performance bond each in an amount equal to one hundred percent (100%) of the Contract Price.

Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of the City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to the City within ten (10) calendar days from the date the City provides the successful bidder with the Notice of Award.

ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

ARTICLE 28. FILING OF BID PROTESTS
Bidders may file a protest of a Bid with the City’s City Clerk. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date or any City determination or recommendation regarding the Bidder’s bid, as applicable; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the City’s City Manager, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The City Manager will provide a written decision to 65059.00000\40059964.1
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the protestor.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

ARTICLE 29. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Base Bid Alone.

The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

ARTICLE 30. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsible Bidder submitting a responsive Bid, the City Council may award the Contract. The apparent successful Bidder should begin to prepare the following documents: (1) the performance bond; (2) the payment bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City will issue a Notice to Proceed to that Bidder.

ARTICLE 31. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Contract Documents and shall not be detached.

ARTICLE 32. QUESTIONS
Questions regarding this Notice Inviting Bids and Instruction to Bidders may be directed to Robert Greenlaw, P.E. CIP Director, at 310.510.0220, ext. 129 or email at [email protected] or [email protected]. No other members of the City’s staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.
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BID
Bids will be received at City of Avalon, 410 Avalon Canyon Road, Avalon, CA 90704 until 3 p.m., Thursday, February 12, 2026.

Cabrillo Mole Phase II Revitalization Project – Stage 0 – Temporary Facility Site Preparation and Utility Installation
NAME OF BIDDER: ______________________________________________ To the City of Avalon, with its principal place of business at 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704.

A. In response to the Notice Inviting Bids dated Wednesday, January 28, 2026 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of bids, or until a Contract is executed by the City and a third party, whichever is earlier.

C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract and the necessary performance bond, payment bond, and certificates of insurance and endorsements.

E. The following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Bid Schedule

2. Bid security in the amount of not less than 10% of the Total Bid Price.

3. Completed Designation of Subcontractors form.
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4. Fully executed Noncollusion Declaration form.

5. Completed Iran Contracting Act Certification form.

6. Completed Public Works Contractor DIR Registration Certification form.

7. Completed Contractor’s Certificate Regarding Workers’ Compensation form.

8. Completed Bidder Information and Experience Form.

F. Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.

G. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

License number
Expiration date
License classification

1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

Member No. 1
Name
License number
Expiration date
License classification
Member No. 2
Name
License number
Expiration date
License classification
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(If there are more than two members of the joint venture, attach a page for the additional member(s) with the above information.)
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. ________________________________________________ [SIGNATURE ON NEXT PAGE]
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I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

BIDDER: Bidder's Business Address:
(Company Name)
By
(Signature)
(Type or print name)
(Title)
(Where signed) (City, State)
(corporate seal)
Dated: , 20
State of Incorporation:

Names and addresses of all partners or joint venturers:

Statement of the authority of signatory to bind Bidder:
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BID SCHEDULE
NO. ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY. UNIT PRICE ITEM COST

GENERAL AND MISCELLANEOUS ITEMS

1. Mobilization, Demobilization LS 1

2. Contract & General Condition
Requirements LS 1

3. Clearing and disposal of plants,
shrubs and trees at temporary
decking areas
SF 1350
4 Chain-link Fence and Gate (ESG
Dwg # E-7)
LF 50
5 Sidewalk Paver Removal and
Replacement
SF 50
6 Traffic Control (incl partial Road
Closure )
LS 1
7 Placement and moving as needed of
City provided K-Rail System
W/Delineators
LF 200

ELECTRICAL UTILITIES
8 Telecom 3’x2’x3’ pull box for new
(future) telecom provider, traffic
rated
EA 1
9 Telecom 3’x4’x4’ concrete traffic
rated pull box (HH01T+
HH02T+HH03T)
EA 3
10 SCE 3’x5’x4’ concrete pullbox, traffic
rated (HH01K+HH02K + intercept
location @ Bike Store)
EA 3
11 Power 3’x2’x3’ concrete pull box
traffic rated (HH02P + HH03P)
EA 2
12 Ductbank - Section B LF 110
13 Ductbank - Section C LF 45
14 Ductbank - Section D LF 195
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15 Ductbank - Section E LF 250
16 Ductbank - Section F LF 20
17 Ductbank - Section G LF 120

TICKETING, RESTROOM & TEMP UTILITIES
18 Decking - Ticketing & Deli
Dbl 2x8 floor joists, @ 16” o.c.

SF 1140
19 Decking – Restrooms
Sgl 2x8 floor joists, @ 12” O.C
SF 1440
20 Deck and Non ADA ramp between
ticketing and rest rooms
SF 180
21 ADA access ramps, incl railing SF 110
22 6x6 posts in 12” x 48” footing EA 18
23 6x6 posts on deck @ containers
(install after container placement)
EA 10
24 6x6 posts with bracing at toilet
facilities
EA 9
25 4x6 beams, approx. 8’-6” long, for
shade sail attachments, incl
connections to 6x6 posts
EA 32
26 42” railing at decking on waterfront
side (2x6 framing with sheeting both
sides)
LF 175
27 Seat infill at btm of railing at
waterfront side (2x materials)
LF 140
28 Application of traffic paint at all
exposed surfaces, railings and posts
SF 5500
29 Sewer and Water Connections EA 2
30 Temp Sewer Line (Buried & Above
ground)
LF 230
31 Temp Potable Water Line (Buried &
Above ground)
LF 230
BASE BID (BID ITEMS # 1-31) TOTAL $
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The basis for award of contract shall be the Contractor’s Base Bid only.

TOTAL BID PRICE BASED ON BID SCHEDULE
$
Total Base Bid in Numbers
The costs for any work shown or required in the Contract Documents, but not specifically identified as a bid line item are to be included in the related bid line items and no additional compensation shall be due to Contractor for the performance of the work.

All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the Bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.

The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify alternate bid items, the City can choose to include any, all, or none of the alternate bid items in the Work. If the City selects any of the alternate bid items, the corresponding alternate bid prices shall be added to or deducted from Base Bid Price for the work.

The City can award/select alternate bid items at any time(s).

BID SECURITY

BID BOND
[Note: Not required when other form of Bidder’s security, e.g. cash, certified check or cashier’s check, accompanies Bid.]
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of Avalon, with its principal place of business at 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20____, for Cabrillo Mole Phase II Revitalization Project – Stage 0 – Temporary Facility Site Preparation and Utility Installation If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF BID BOND
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DESIGNATION OF SUBCONTRACTORS
The subcontractor listed below will perform work or labor or render service to the successful Bidder in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the successful Bidder, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (1/2 of 1%) of the Bidder’s total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
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Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
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BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Telephone Number
_____________________________________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
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7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
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13.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

14.0 List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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B. LIST OF CURRENT PROJECTS (BACKLOG)
[Duplicate page if needed for listing additional current projects.] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[Duplicate page if needed for listing additional completed projects.] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required work on the Project.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
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E. ADDITIONAL BIDDER’S STATEMENTS:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

_______
Name of Bidder
Signature
Name and Title
Dated
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NON-COLLUSION DECLARATION
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].

Name of Bidder
Signature
Name and Title
Dated
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IRAN CONTRACTING ACT CERTIFICATION.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
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PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name and Title
Dated
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CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION.

I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name and Title
Dated
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00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. ________ is made and entered into this ____ day of _______, ______, by and between the City of Avalon, with its principal place of business at 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704, sometimes hereinafter called the “City” and [***INSERT***], sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Cabrillo Mole Phase II Revitalization Project
Stage 0 – Temporary Facility Site Preparation and Utility Installation Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of
____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as liquidated damages and 65059.00000\40059964.1
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not as a penalty or forfeiture. This Article does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to delays for which the City is responsible. The parties agree that determining Contractor’s exact delay damages is and will continue to be impracticable and extremely difficult.

As such, for each calendar day in excess of the Contract Time, the City shall pay to the Contractor $250.00 per day as reverse liquidated damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for any City caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Notice of requests for delay damages and additional days shall be provided to the City within five (5) Days from the discovery of the circumstances giving rise to any delay or three (3) Days from the discovery of any latent or subsurface conditions giving rise to a delay.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid
Bid Schedule
Bid Security
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, 2024 edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 65059.00000\40059964.1
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All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF AVALON
By:

DAVID M. MAISTROS
City Manager
ATTEST:

By:

Gabrielle Morones, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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-40- 00 61 13 – BOND FORMS
00 61 13 – BOND FORMS

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Avalon, with its principal place of business at 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. 2024-180005-0 (hereinafter referred to as the “Project”); WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ Dollars, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under 65059.00000\40059964.1
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the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
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-42- 00 61 13 – BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 65059.00000\40059964.1
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
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PAYMENT BOND (LABOR AND MATERIALS).

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the city of Avalon, with its principal place of business at410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704, (hereinafter designated as the “City”), has awarded to ________________________, (hereinafter designated as the “Principal”) an agreement for Contract No. 2024-180005-0 (hereinafter referred to as the “Project”); WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________, as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of 65059.00000\40059964.1
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any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 65059.00000\40059964.1
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

END OF PAYMENT BOND
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-49- 00 72 00 – GENERAL CONDITIONS
00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS

1.1 Defined Terms.

A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

6. Bid Security -- The bid bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

7. Bidder -- The individual or entity who submits a Bid directly to the City.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work.

10. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.
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11. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

12. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

13. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to fully complete the Work.

14. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

15. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

16. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

17. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

18. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

19. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

20. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.
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21. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity that prepares the Drawings.

22. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

23. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

24. Holiday – Holidays occur on:

New Year’s Day - January 1
Martin Luther King Day – Third Monday in January
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

25. Notice of Award -- The written notice by the City to the successful Bidder stating that upon timely compliance by the successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

26. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project.
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27. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when the Contract Time will commence to run.

28. Project -- The total construction of which the Work to be performed under the Contract Documents, may be the whole, or a part.

29. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions.

30. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock.

31. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged.

32. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

33. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

34. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.

35. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

36. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

37. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

38. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.
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39. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

40. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents.

41. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer.

42. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 65059.00000\40059964.1
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ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents.

A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary performance bond, payment bond, and certificates of insurance and endorsements, as well as any other documents specified in the Contract Documents.

2.2 Bonds.

A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.

2.3 Evidence of Insurance.

A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all certificates of insurance and endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved.

2.4 Execution of the Contract.

A. Upon receipt of the required documents, the City will execute the Contract, establishing the Effective Date of the Contract.

2.5 Contractor’s Failure to Perform.

A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Security, rescind award to the Contractor and award the Contract to the next lowest responsible Bidder providing a responsive Bid as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Time will begin to run as of the date stated in the Notice to Proceed. However, the number of Days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Time.
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2.6 Commencement of Contract Times; Notice to Proceed.

A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract. Work shall commence within ten (10) Days of the date stated in the Notice to Proceed. The Contract Time begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed.

2.7 Copies of Documents.

A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site.

2.8 Substitution Requests, Schedule of Submittals, and Schedule.

A. Substitution Requests. Within thirty-five (35) Days of Contract award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in the General Conditions.

B. Schedule of Submittals. Within ten (10) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of the Contract Documents.

C. Schedule. Within ten (10) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of the Contract Documents.

2.9 Preconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.10 Subcontractor Mobilization Meeting.

A. Prior to the start of each major Subcontractor, the Contractor, Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues.
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2.11 Mobilization.

A. When a bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. The lump sum price provided for mobilization shall not be more than 5% of the Total Bid Price. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, as applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer, if specified, complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per CalOSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per CalOSHA.

11. Full-time presence of Contractor’s superintendent at the job Site as required herein.
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12. Submittal of construction schedule, Submittals, and Shop Drawings as required by the Contract Documents.

ARTICLE 3 -CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work.

A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements.

B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

3.2 Intent of Contract Documents.

A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. 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 labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City.

B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the 65059.00000\40059964.1
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Work. The implied Work will conform to the appropriate sections of the Contract Documents.

C. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

D. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies. The Contract Documents are intended to be fully cooperative and complementary. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements.

Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City. Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any 65059.00000\40059964.1
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Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

B. Order of Precedence.

1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
g. Construction Plans and Drawings(Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” 2024 edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications n. Standard Drawings
o. Reference Documents

2. With reference to the drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Drawings govern over Standard Drawings
e. Drawings govern over Shop Drawings
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3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

3.5 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:

1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or

2. The City’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents.

3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. Have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. Reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 -INDEMNIFICATION; INSURANCE

4.1 Indemnification.

A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, employees, agents, and authorized volunteers, and each of them from and against:
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1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officials, officers, employees, agents, or authorized volunteers (including passive negligence), except such loss or damages caused by the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor.

4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City or its officials, officers, employees, agents, or authorized volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or authorized volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its officials, officers, employees, agents, and authorized volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

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proceeds, if any, received by the City and its officials, officers, employees, agents, and authorized volunteers.

4.2 Insurance.

A. General Requirements. The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder.

Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

B. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its Subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for Subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.

C. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, 65059.00000\40059964.1
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adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers.

Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

D. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

E. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these 65059.00000\40059964.1
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General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage.

Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

G. Builder’s Risk [“All Risk”].

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), Suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and 65059.00000\40059964.1
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all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

H. Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

I. Contractor’s Pollution Liability Coverage. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

J. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

K. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 65059.00000\40059964.1
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L. Form and Proof of Carriage of Insurance.

1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
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6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy.

ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS

5.1 Applicable Laws.

A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the Engineer shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

5.2 Permits and Licenses.

A. City will apply and pay for the review of necessary encroachment permits for Work within the public rights-of-way. All other necessary permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, permits, licenses and fees required by agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the Contract Documents or by governing authorities, except for such offsite inspections delineated as the City’s responsibility pursuant to the Contract Documents. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

5.3 Taxes.

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
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5.4 Traffic Control.

A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.

C. The Contractor’s representative on the Site responsible for traffic control shall produce evidence that he or she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction.

Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of material will be allowed in traveled rightof-ways after working hours unless otherwise approved by the Engineer.

5.5 Safety.

A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws.

B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit 65059.00000\40059964.1
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an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections.

5.6 Hazardous Waste.

A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

B. If the Contractor encounters Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). The City shall contract for any services required to directly remove and/or abate Hazardous Waste, if required, and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

C. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees.

5.7 Sanitary Facilities.

A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with Applicable Laws. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.
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5.8 Dust Control.

A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

5.9 Air Pollution Control.

A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

B. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its Subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

5.10 Water Quality Management and Compliance.

A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

B. Contractor shall keep itself and all Subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof.
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C. Contractor shall comply with all conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

D. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law.

Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Construction General Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

5.11 Environmental Quality Protection.

A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to noncompliance penalties, the cost of such penalties shall be borne by the Contractor.

B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all 65059.00000\40059964.1
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surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.

Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

5.12 Noise Restrictions.

A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most 65059.00000\40059964.1
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restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

5.13 Diversion of Recyclable Waste Material.

A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

5.14 Workers; Contractor’s Supervision.

A. Contractor shall be an independent contractor for the City and not an employee.

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

B. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all Subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

C. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.
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D. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

5.15 Labor.

A. Hours of Work.

1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.

Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.

2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.

5. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
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c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance.

1. Pursuant to Labor Code section 1776, Contractor and all Subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.

2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor.

4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. 65059.00000\40059964.1
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6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

8. The responsibility for compliance with this Article shall rest upon the Contractor.

C. Prevailing Rates of Wages.

1. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the 65059.00000\40059964.1
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amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

D. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

E. Employment of Apprentices. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

F. Nondiscrimination/Equal Employment Opportunity. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

G. Debarment of Contractors and Subcontractors. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7.

Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public 65059.00000\40059964.1
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works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

5.16 Subcontracts.

A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by its Subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any Subcontractor and the City. The City reserves the right to accept all Subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

5.17 Progress Meetings.

A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work.

The Contractor and City shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously.

5.18 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process.

B. Submittal Procedures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
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b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.
g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents.

2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the risk and sole expense and responsibility of Contractor.

C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is 65059.00000\40059964.1
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made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents.

5.19 Shop Drawings and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Contractor shall have:

1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation.

C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents.

2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work.

4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which 65059.00000\40059964.1
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are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement.

5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction.

D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection.

E. City’s Review.

1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample.

F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals.

5.20 Record (“As-Built”) Drawings.

A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any 65059.00000\40059964.1
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pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes.

Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period.

Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment.

C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineer. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

5.21 Layout and Field Engineering.

A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work and all necessary surveys to compute quantities of Work performed.

5.22 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or 65059.00000\40059964.1
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indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site.

5.23 Work Site.

A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-ofentry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal.

C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

5.24 Utility Usage.

A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments. 65059.00000\40059964.1
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5.25 Protection of Work and Property.

A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk.

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Site over a route designated by the City.

4. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City.

Contractor shall not unreasonably encumber the Site with its materials.

5. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

6. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 65059.00000\40059964.1
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7. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way.

8. At the completion of work each day, leave the Work and the Site in a clean, safe condition.

9. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.

D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

E. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.26 Emergencies.

A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

ARTICLE 6 -MATERIALS; INSPECTION

6.1 Access to Work.

A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs.

6.2 Materials.

A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, 65059.00000\40059964.1
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transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or Supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor.

D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

6.3 Test and Inspections.

A. Inspection of Work.

1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) Days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

2. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits. 65059.00000\40059964.1
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3. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor.

4. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

5. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor.

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

6. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

B. Testing of Materials.

1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed Supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained.

4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if 65059.00000\40059964.1
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so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the Submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense.

6.4 Requests for Substitutions.

A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Contract Documents or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) Days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution 65059.00000\40059964.1
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requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.

H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

A. Reports and Drawings. The Special Conditions identify: those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities). 65059.00000\40059964.1
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B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

7.2 Ownership of Site Materials Found.

A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities. The location of known existing utilities and pipelines are shown on the Drawings in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities.

B. Utility Location.
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1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which the Contractor believes may affect or be affected by the Contractor’s operations, by taking all reasonable steps necessary including, but not limited to, calling Underground Service Alert to locate utilities in accordance with the procedures described in Government Code 4216 et seq. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article. The locating of utilities shall be in conformance with Government Code section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

2. A “High Priority Subsurface Installation” is defined in Government Code section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

3. A “Subsurface Installation” is defined in Government Code section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, non-pressurized storm drains, or other non-pressurized drain lines.”

4. Pursuant to Government Code section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

5. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

6. The Contractor's attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface 65059.00000\40059964.1
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installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this Article and Government Code section 4215. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work D. Construction at Existing Utilities. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

7.4 Trenches.

A. Trenches Five Feet or More in Depth. Contractor shall submit to the City at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural 65059.00000\40059964.1
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engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B. Excavations Deeper than Four Feet.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated by information made available to bidders prior to the deadline for submitting bids. c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article

9.1 Change Orders and Time Extensions.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 8 -PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods.

A. Contractor is solely responsible for the means and methods utilized to perform the Work. Contractor shall perform all Work in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by 65059.00000\40059964.1
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professionals in the same discipline in the State of California. Contractor warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Contractor represents that it, its employees and Subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform the Work in full compliance with all applicable state, federal and local laws and to the all jurisdictions having authority over the Project.

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a critical path method format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule.

B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for Submittals, items of interface with Work performed by others, and specified construction, startup and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City.

D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week lookahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, 65059.00000\40059964.1
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and it shall clearly state the number of staff to be used on each daily segment of the Work.

E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

8.3 Time for Completion and Liquidated Damages.

A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. Inclement Weather. Contractor shall abide by the City’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension.

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within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. If approved, the increase in time required to complete the Work shall be added to the Contract Time.

E. Reverse Liquidated Damages. Consistent with Public Contract Code section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work. The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays to the critical path resulting from a Force Majeure Event.

If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions.

Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.

8.4 Contractor’s Responsibility for Work.

A. Responsibility for, and security of, all Work and materials related to Contractor’s Work is the responsibility of Contractor until final acceptance of the Contractor’s Work by the City. The City shall not be held responsible for the care or protection of 65059.00000\40059964.1
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any material or parts of the Work prior to final acceptance. Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or nonexecution of the Work and all loss or damage shall be borne by Contractor. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

8.6 Securities for Money Withheld.

A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

8.7 The City’s Right to Suspend/Terminate the Contract.

A. Suspension of Work by the City.

1. The City in its sole and absolute discretion for any reason or no reason whatsoever may at any time, with or without cause, suspend performance of all or any part of the Work by giving not less than five (5) Days written notice to the Contractor.

Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension. Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: (1) immediately discontinue Work on the date and to the extent specified in the notice; (2) place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and (4) continue to protect and maintain the Work including those portions on which Work has been suspended.
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3. The City shall not be liable for any additional costs, damages or anticipated profits incurred by Contractor or its Subcontractors and the Contract Price shall not be increased during the period of suspension, except the actual costs incurred by Contractor, excluding overhead and profit for (a) the purpose of safeguarding the Work and material and equipment in transit or at the Site during the period of suspension, (b) Contractor’s or its Subcontractor’s rented equipment which are maintained at the Site, or (c) other reasonable and unavoidable costs of shutting down the Work, or reassembling personnel and equipment resulting directly from such suspension. Contractor shall be granted an extension of the Contract Time equal to the number of days performance of Work is suspended; provided, however, that no actual costs or extension of Contract Time shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract.

B. Termination for Cause by the City.

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Contractor shall not be entitled to receive any further payment hereunder as a result of such termination. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work, including professional services and expenses, reasonable overhead, profit, and attorneys' fees. This payment obligation shall survive completion of the Project and termination or expiration of this Contract.

C. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice 65059.00000\40059964.1
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if the City determines that a termination is in the City's interest. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

2. After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations: (1) stop Work as specified in the Notice; (2) complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents; (3) leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety; (4) terminate all subcontracts to the extent that they relate to the portions of the Work terminated; and (5) place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.

3. In case of such termination for the City’s convenience, the Contractor shall be entitled to receive payment for Work actually completed by Contractor in conformity with this Contract prior to Contractor’s receipt of City’s Notice and costs incurred by reason of such termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the City no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.

4. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

5. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

6. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

7. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, 65059.00000\40059964.1
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Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

8.8 Defective Work.

A. The City May Correct Defective Work.

1. If Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work.

4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the City correcting Defective Work.

B. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration 65059.00000\40059964.1
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or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

8.9 Completion and Acceptance of Work.

A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.10 Guarantee of Work.

A. Neither the final payment nor any provision in the Contract Documents shall relieve Contractor of responsibility for faulty materials or workmanship. Contractor hereby guarantees that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this guarantee. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. All costs associated with such corrective actions and testing, including the 65059.00000\40059964.1
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removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of Work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract Documents. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary work to remedy the failure, defect, or damage. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

F. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

G. This Article shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City 65059.00000\40059964.1
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at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions.

A. Change Orders. All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

B. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

C. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:

1. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.

2. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.

3. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) Days from the discovery date. 65059.00000\40059964.1
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To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time.

If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

D. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination. The Change Order Request shall include all of the following information (unless inapplicable to the change):

1. A detailed description of the circumstances giving rise to the request;

2. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;

3. Supporting documentation for all costs;

4. A time impact analysis showing the impact of the delay to the critical path to completion;

5. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and

6. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule. The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

E. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a 65059.00000\40059964.1
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time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a claim in writing in accordance with Article 9.2 to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require.

F. Contractor’s Waiver of Further Relief.

1. Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

2. CONTRACTOR’S FAILURE TO PROVIDE A COMPLETE AND TIMELY NOTICE

OF CHANGE/DELAY AND/OR CHANGE ORDER REQUEST, OR TO COMPLY

WITH ANY OTHER REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE

A WAIVER BY CONTRACTOR OF THE RIGHT TO A CONTRACT

ADJUSTMENT ON ACCOUNT OF SUCH CIRCUMSTANCES AND A WAIVER

OF ANY RIGHT TO FURTHER RECOURSE OR RECOVERY BY REASON OF

OR RELATED TO SUCH CHANGE BY MEANS OF THE CLAIMS DISPUTE

RESOLUTION PROCESS OR BY ANY OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS.

G. Change Order Format. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order.

No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

H. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The markup added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, 65059.00000\40059964.1
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equipment or office space, any materials, or any costs of equipment idle time for such Work.

2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs.

Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.
b. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if: (1) the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; (2) there is no corresponding adjustment with respect to any other item of Work; and (3) Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.

4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. Allowed Costs. Estimates for lump sum quotations and accounting for time-andmaterial work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:
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a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.

Estimated labor hours must only include hours for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the markup percentages as outlined below. Note that no separate allowances for warranty expense will be allowed as a direct cost of a change order. Costs attributed to warranty expenses will be considered to be covered by the markup. Labor burden allowable in Change Orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self-insured losses, assigned risk rebates, etc. Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. An estimated percentage for labor burden may be used for pricing change orders. However, the percentage used for labor burden to price Change Orders will be examined at the conclusion of the Project and an adjustment to the approved Change Orders will be processed if it is determined that the actual labor burden percentage should have been more or less than the estimated percentage used.
b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon Supplier or manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. The Contractor shall furnish cost data supporting the establishment of the rental rate.

The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less. The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed.

Rental time will not be allowed while equipment is inoperative due to breakdowns.

All equipment shall, in the opinion of the City, be in good working condition and 65059.00000\40059964.1
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suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation.

7. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
a. “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up. Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request.
b. For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use. c. For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost.
d. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor. e. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twentyfive percent (25%) of the Net Cost as defined herein, of the party that performs the Work.

8. Documentation of Time-and-Material Costs.
a. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis.

The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
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b. T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs.

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.

9. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
a. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
b. Office Expenses. Expenses of Contractor’s principal and branch offices; c. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
d. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
e. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
f. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
g. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
h. Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
i. Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically 65059.00000\40059964.1
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related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work.
j. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.

9.2 Procedure for Resolving Claims.

A. Prerequisites. Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

B. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

C. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:

1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3. An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.
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D. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part.

Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

E. Documentation. The Contractor shall submit all Claims in the following format:

1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
F. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after the City issues its written statement.
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1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

G. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

H. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through 65059.00000\40059964.1
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negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article.

3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

I. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must 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 prior to initiating litigation.

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 Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

J. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
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K. Government Code Claim Procedures.

1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

L. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article.

ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown.

A. Lump Sum Work. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require.

This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.

B. Unit Price Work. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all 65059.00000\40059964.1
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Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid Schedule.

10.2 Progress Estimates and Payment.

A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Change Orders. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective Work not remedied.

3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the City for claims against Contractor.

7. Failure of Contractor to keep the Record Drawings up to date.

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9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of Days by which the Engineer exceeds the seven (7) Day requirement.

F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.

G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment.

B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor 65059.00000\40059964.1
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has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract.

C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the faithful performance bond, labor and material payment bond, or from any other obligation under this Contract.

D. In case of termination of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price.

E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.

In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.

F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.

ARTICLE 11 -MISCELLANEOUS

11.1 Patents.

A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract.
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11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

11.3 Notice.

A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract.

The City is entitled to recover reasonable costs incurred in providing such notification.

11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered 65059.00000\40059964.1
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or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

11.7 Change In Name And Nature Of Contractor’s Legal Entity.

A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds.

11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any Subcontractor, Supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

11.10 Jurisdiction; Venue
A. Contractor and any Subcontractor, Supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Los Angeles County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.
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11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §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.

2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties.

11.15 Other Legal Provisions.

A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.

C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers 65059.00000\40059964.1
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published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.

E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.
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122 TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS
"THE FOLLOWING SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. City of Avalon General Technical Specifications

2. Standard Specifications for Public Works - Greenbook 2024 (unless noted otherwise)

3. CSI Specifications:
a. Section 01072 STORM WATER REGULATIONS AND

REQUIREMENTS
b. Section 02001 SITE WORK REQUIREMENTS
c. Section 02750 TRAFFIC STRIPING AND PAVEMENT

MARKINGS
d. Section 15080 POLY (VINYL CHLORIDE) (PVC) PLASTIC

PIPE AND FITTINGS
e. Section 16050 BASIC ELECTRICAL MATERIALS AND

METHODS
f. Section 16110 RACEWAYS
g. Section 16450 GROUNDING
h. Section 16960 ELECTRICAL FIELD TESTING

4. SCE (Water and Gas) Specifications:
a.
b.

Section 207
Section 299
PIPE

CONSTRUCTION MATERIAL

SUBSTITUTION
c. Section 301 TREATED SOIL, SUBGRADE

PREPARATION AND PLANTING OF

BASE MATERIAL
d. Section 306 UNDERGROUND CONDUIT

CONSTRUCTION
e. Section 310 PAINTING
f. Section 313 “AS-BUILT” DRAWINGS
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123 TECHNICAL SPECIFICATIONS

CITY OF AVALON

CAPITAL IMPROVEMENT PROJECTS

GENERAL

TECHNICAL SPECIFICATIONS

THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. DEMOLITION PART 1 - GENERAL

1.1 SUMMARY
A. Carefully demolish all existing structures and improvements indicated or noted on the Contract Drawings to be demolished and remove them from the premises.

B. Related Work Sections:

1. Documents affecting work of this Section include, but are necessarily limited to the GENERAL CONDITIONS, and Sections in GENERAL REQUIREMENTS of ARTICLES 1 through 70 of these Bid and
Contract Documents.

2. Waste Management Sections of Articles 18 and 19

3. Other Sitework.

1.2 QUALITY ASSURANCE
A. Labor: Use adequate numbers of skilled laborers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section.

B. Codes and Regulations: Comply with all applicable Government Codes and Regulations, of City of Avalon especially meeting safety standards and regulations of C A L /OSHA. Provide additional measures, added materials and devices as may be needed as directed by the City Engineer or the Consultant, at no added cost to the City.

1.3 MISCELLANEOUS GENERAL REQUIREMENTS
A. General: Comply with the following as specified in the General Conditionsand Articles 1 thorough 70.
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124 TECHNICAL SPECIFICATIONS

1. Erection and maintenance of protections.

2. Dust Control.

3. Repair of Damages.

4. Cleaning and removal of rubbish and debris.

B. Notifications Concerning Utilities: All Utility Companies owning conduit, pipes and sewers running to and from City properties to be notified to make arrangements for their removal or capping in accordance with instructions from the City Engineer.

1. Notify the City (310-510-0220) when utilities should be turned offor vacated for demolition purposes.

2. Repair damaged or broken existing utilities subject to the approval of the City Engineer at no added cost to theCity.

C. Protection of Site Improvements: As required by approved methodsas and authorized by the City Engineer as follows as applicable:
a. Protect all existing improvements that are to remain in-place. b. Remove all protections when work is completed and when authorized by the City Engineer.

D. Repair of Damage:
a. The Contractor shall repair any damage to existing improvements that may have been caused by his or her operations outside the scope of work of this Section, at no cost to the City.
b. Methods: Repair or replace existing damaged improvements with new materials as necessary for restoration of damaged areas or surfaces to a condition equal to and matching that existing prior to damage occurrence, to the full satisfaction and approval of the City Engineer or its authorized representative.

E. Scheduling of Work Operations: Submit demolition and removal schedule and procedures to the City Engineer or the Consultant within 15 days after date of City - Contractor Agreement. 65059.00000\40059964.1
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F. Non-Interference: Conduct demolition and removal operations in a manner to minimize interference with City Park operations in adjacent areas.

Maintain protected egress and access at all times during Contracted Work operations.

G. Control the generation of dust by wetting down materials that are susceptible to the production of particulate matter. Use an approved dust palliative where appropriate.

1.4 WORK PLAN
A. Submit a demolition work plan to the City Engineer in accordance with Article 9. The procedures planned and proposed for the accomplishment of the work. The procedures shall provide for safe conduct of the work, careful removal and protection of property which is to remain undisturbed, coordination with other work in progress, and timely disconnection of utility services.

B. The plan shall include a detailed description of the methods and equipment to be used for each operation, and the sequence of operations.

PART 2 PRODUCTS (NOT APPLICABLE)
PART 3 EXECUTION

3.1 SITE CONDITIONS
A. Examine the Job-site areas andconditions under which work of this Section will be performed. Prior to demolition of facilities as indicated in Contract Drawings, the Contractor shall survey the project are to verify the existing futures and establish a control lines. The results of the survey should be submitted to the City Engineer in an AutoCAD format.

B. Correct conditions detrimental to timely and proper completion of Contracted Work as directed by the City Engineer or the Consultant. Do not proceed with Contracted Work until detrimental conditions havebeen corrected.

3.2 DEMOLITION
A. Prior to start of demolition operations carefully study the Contract Drawings and these Specifications. In the company of the City Engineer or City authorized representative, visit the job-site as necessary to further verify the extent of the work to be performed under this Contract. 65059.00000\40059964.1
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B. Discovery of Hazardous Substances: Conform to provisions of the GENERAL CONDITIONS. The City will initiate a hazardous materials survey prior to award of contract.

C. Coordination: Fully coordinate work of this Section with other Contracted Work operations so as not to interfere with City operations on the job-site.

D. Demolition shall include but is not limited to the following:

1. Site demolition and removal shall be as shown on the Contract Drawings.

2. Other removal work as shown on Contract Drawings.

3.3 REPLACEMENTS
A. In the event of demolition of items not so scheduled to be demolished or removed, promptly replace such items to the approval of the City Engineer, authorized representative, at no added cost to the City.

3.4 CLEAN-UP AND DISPOSAL
A. Comply with applicable provisions specified in Article 18 and 19 in GENERAL REQUIREMENTS of these Specifications.

B. Contractor shall coordinate with the City Engineer prior to disconnecting any existing water systems.

C. Hazardous materials removed from site shall be tested, transported, and disposed of in compliance with both local and regulatory agency requirements, refer to Article 14.

3.5 BURNING
A. The use of burning at the project site for the disposal of refuse and debris will not be permitted.

3.6 USE OF EXPLOSIVES
A. Use of explosives will not be permitted.

END OF SECTION
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SECTION 01072 – STORM WATER REGULATIONS AND REQUIREMENTS PART 1 – GENERAL

1.1 SUBMITTALS
A. The Contractor shall submit a Water Pollution Control Drawing (WPCD) in accordance with this section, for review and approval prior to commencing work at the site. On site construction activities shall not begin until the City Engineer has reviewed and approved the Contractor-prepared WPCD. The WPCD shall include vicinity maps showing the construction perimeter and general topography of the construction site. The drawing shall also show the Contractor’s plans to control stormwater as specified herein.

B. Temporary erosion control and temporary sediment control BMPs that will be used during construction, including temporary on-site drainage(s) to carry concentrated flows, BMPs implemented to divert off-site drainage around or through the construction site and BMPs that protect storm water inlets.

C. Outline of all areas of soil disturbance and appropriate BMPs to be implemented.

D. BMPs for waste management and materials pollution control, including but not limited to storage of soil or waste; construction material loading, unloading, storage and access areas; and areas designated for waste handling and disposal.

E. Location(s) of temporary stockpiles and BMPs to protect those areas.

F. BMPs for vehicle and equipment storage, fueling, maintenance, and cleaning.

1.2 REGULATORY REQUIREMENTS
A. The storm water regulations and requirements indicated herein may not be the complete inventory of regulations and requirements set forth by laws, ordinances and local enforcing agencies that apply to the project and protection of persons, property, and the environment. These regulations and requirements shall not limit or diminish the Contractor's responsibility to keep fully informed of and observe and comply with laws, regulations, ordinances, codes, orders, rules, standards, or decrees of public bodies having jurisdiction.

B. In the event a law, regulation, ordinance, code, order, rule, standard, or decree conflicts with a requirement of the Contract, the Contractor shall make a written request for direction from the City Engineer.

PART 2 – PRODUCTS (NOT USED)
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PART 3 - EXECUTION

3.1 SURFACE AND STORM WATER CONTROL
A. The Contractor shall divert or otherwise control surface water and waters flowing from existing projects or structures from coming onto its work areas. The methods of diversion or control shall be adequate to ensure the safety of stored materials and of personnel using these areas.

B. Surface and storm water that enters the Contractor's work area shall be controlled, treated, and disposed in a lawful manner.

C. Timing of site preparation and other work will consider the rainy season and make provisions for storm events during the construction period to the greatest extent possible.

D. The Contractor shall comply with all litter and pollution laws.

E. The discharge of any substance in concentration toxic to human, animal, plant or aquatic life is prohibited.

F. All stripped or exposed areas shall be properly managed to minimize the amount of sediment in the runoff.

G. If surface flow is present in any stream, all necessary precautions shall be taken to ensure water quality protection.

H. The Contractor shall grade and maintain all construction and spoils sites to ensure that drainage from these sites will minimize erosion of the spoils materials and the adjacent native soil material.

I. The Contractor shall not create a nuisance or pollution as defined in Section 13050 of the California Water Code. The Contractor shall not cause a violation of any applicable water quality standard for receiving waters adopted by the Regional Board or the State Water Resources Control Board, as required by the Clean Water Act.

J. The Contractor shall ensure that drainage swales used to divert surface waters are vegetated or protected to minimize erosion.

K. The Contractor shall use temporary mulching or other suitable stabilization measures to protect exposed areas during site preparation, grading, construction, and other land disturbance.

L. The Contractor shall implement appropriate Best Management Practices (BMPs) to control storm water and eliminate unauthorized water discharges from the construction site.

3.2 MAINTENANCE AND INSPECTION
A. The Contractor shall make visual inspections of all installed BMPs as necessary to ensure proper operation not less than once per week, promptly before and after every rainstorm, and at least every 24 hours during an extended rainfall event. If such inspections reveal that additional measures are needed to prevent erosion and 65059.00000\40059964.1
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sediment transport, the Contractor shall promptly maintain, modify, or install additional devices a needed.

B. The Contractor shall perform routine maintenance, which shall include maintenance and repair of BMPs, debris removal, silt/sediment removal, clearing of vegetation around flow control devices to prevent clogging, and maintenance of healthy vegetative cover.

3.3 REMOVAL AND FORMAL CLEAN-UP
A. Once construction has been completed, the Contractor shall remove temporary sediment control devices and all accumulated silt and debris. The Contractor shall dispose of silt and waste materials in a proper manner. The Contractor shall restore all areas disturbed during this process and stabilize against erosion with surfacing materials.

END OF SECTION
SECTION 02001 - SITE WORK REQUIREMENTS
PART 1 – GENERAL

1.1 SUMMARY
A. This Section specifies all site work requirements as shown in the Contract Drawings.

1.2 SUBMITTALS
A. Product Data: The following product data shall be submitted for review and approval:

1. Erosion control products.

2. Certified mix designs for each strength and type of concrete proposed for use.

3. Product data sheets shall be submitted for each type of pipe and fitting.

4. Manufacturer’s product data, printed instructions, and certificate of compliance for packaged mortar and grout shall be submitted.

5. Certified mix design for asphalt concrete pavement. The mix design shall include the laboratory maximum density determined in 65059.00000\40059964.1
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accordance with ASTMD1188.

B. Material Samples: The Contractor shall submit representative samples of the materials to the City Engineer:

1. Erosion control materials

2. Type of masonry to be used on the project for approval of color and texture.

C. Test Reports and Certifications: The following test reports and certifications from an approved testing laboratory showing compliance with these specifications shall be submitted:

1. Certificates of compliance from suppliers of materials being supplied including name of supplier.

2. Certified copies of test results from a commercial testing laboratory for the mix and the constituent materials of the design mix.

D. Plans and Procedures

1. The installation of erosion control materials shall be in accordance with the manufacturer’s recommendations.

2. Detailed plans for the protection and the safety of workers when trenches and excavations are equal to or greater than 5 feet in depth. The plans shall include supporting design calculations and shall cite all references used to substantiate the calculations. If a support of excavation system is included in the plans, detailed procedures for the installation and removal of the support of excavation system shall be provided.

3. Detailed plans, procedures, schedule, sequence and equipment to be used for excavation, placement, and compaction of soils adjacent to structures and pipelines 12-inch in diameter or greater.

4. Procedures and equipment to be used for exploratory excavations used to expose existing underground piping, duct banks, and utilities E. Placement Drawings

1. Concrete
a. Composite concrete placement drawings for each individual placement shall be submitted, indicating location and sizes of pipe sleeves, conduits, inserts, reglets, anchor bolts, openings, recesses, construction joints, expansion joints, and other embedded items. b. Concrete placement drawings shall be at the same scale not less 65059.00000\40059964.1
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than 1/4 inch to 1 foot and coordinated with reinforcement placement drawings.

2. Reinforcing Steel
a. Contractor shall submit complete bending diagrams, placing lists, and placing drawings for reinforcement in structures and encasements.
b. Placing drawings shall show all bars in their correct positions. c. Placing drawings shall include all information necessary for complete fabrications and placing of reinforcing steel, bar supports, splices, dowels, ties, and temporary support steel.

3. Traffic Control Plans
a. During construction, the Contractor shall submit traffic control plans in accordance with the California Department of Transportation’s California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition, whenever the construction work affects traffic flow and/or encroaches onto existing streets. The traffic control plans shall show the area of the work and lane(s) that will be closed prior to each change in construction work phase and/or construction location and how the Contractor plans to divert traffic around the work area.
b. At least one lane of traffic in each direction shall be opened at all times, unless the Contractor notifies the City Engineer 2 weeks in advance of the potential closure with traffic control plans for review and approval.

PART 2 – PRODUCTS

2.1 EROSION CONTROL MATERIALS
A. Erosion control materials shall be as specified in the Contract Drawings. 65059.00000\40059964.1
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2.2 CONCRETE
A. Concrete for slabs, curbs, gutters, and swales shall be in accordance with SSPWC Section 201-1 and shall be Class 520-C-2500 in accordance with Table 201-1.1.2 in the SSPWC.

B. Concrete for channel walls, catch basin structures, trapezoidal channels, and concrete pipe encasements shall have a minimum 28-day compressive strength of 4,000 psi concrete in accordance with SSPWC Section 201-1.1.4.

C. Backfill slurry shall be in accordance with SSPWC 201.6. The backfill slurry shall be

1.5 sack cement mix.

2.3 REINFORCEMENT FOR CONCRETE AND MASONRY
A. Reinforcement for concrete shall be in accordance with ASTM A615, Grade 60, and SSPWC Section 201-2.

B. Welded wire fabric shall be in accordance with SSPWC Section 201-2.2.3.

2.4 CONCRETE BLOCK
A. Concrete block shall be in accordance with SSPWC Section 202-2.

1. Concrete block shall be split-faced block by Orco Block (tan color), Angelus Block (sandstone color), or equal. One side of the concrete block shall be split-faced (exposed side), and the other side shall have a smooth-face.

2. The specified 28-day compressive strength (f’m) shall be 1,500 psi unless otherwise shown on the drawings.

B. Mortar, grout and water shall be in accordance with SSPWC 202-3.

2.5 FILL
A. Unless determined to be unsuitable by the City Engineer, soils and earth materials obtained from required excavation may be used for fill.

B. Fill materials shall be naturally occurring, well-graded soil, free of wood, trash, construction debris, and organic, contaminated, or deleterious material. Fill materials shall have an expansion index of not more than 40 when tested in accordance with ASTM D4829.
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C. Material for fill shall have a sand equivalent of not less than 20 and shall meet following gradation requirements. The maximum dimension of any piece used shall be no more than 6 inches.

Sieve Size Percentage Passing
6” 100
No. 4 35 – 100
No. 30 20 - 100
D. Rock refill for piping and structures shall be sound, 3/4 inch crushed rock in accordance with SSPWC Section 200-1.2.

E. Sand bedding shall have a minimum sand equivalent of 30 when tested in accordance with ASTM D2419. Gradation of the material shall be in accordance with the following:

U.S. Standard Percentage Passing
Sieve Size by weight
1/2-inch 100
No. 4 70 – 100
No. 16 50 – 90
No. 50 10 – 40
No. 200 0 -10

2.6 RIP-RAP MATERIAL
A. Riprap stone material shall be in accordance with SSPWC Section 200-1.6 utilizing class gradation or size as specified on the Contact Drawings.

2.7 BASE COURSE
A. Base course shall be crushed aggregate base in accordance with SSPWC Section 200-2.2.

B. When crushed miscellaneous base is specified in the Contract Drawings, it shall be in accordance with SSPWC Section 200-2.4.

2.8 PAVEMENT MATERIALS
A. Asphalt Concrete: Asphalt concrete pavement shall be in accordance with SSPWC Section 203-6 and 302-5, with only Class C2-PG64-10 will be permitted, unless otherwise shown on the Contract Drawings.

B. Asphalt concrete aggregate shall be in accordance with SSPWC Section 200-1.2.

C. Crushed slag shall not be used as aggregate.
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2.9 CEMENT TREATED BASE
A. Cement treated base shall be in accordance with SSPW Section 201-9.

2.10 CHAIN LINK FENCE
A. Fence materials shall be in accordance with Section 206-6 of the SSPWC. Chain link fabric shall be galvanized fabric.

2.11 NATURAL GAS PIPE
A. PE Fittings: ASTM D 2683, socket-fusion type or ASTM D 3261, butt-fusion type with dimensions matching PE pipe.

B. PE Transition Fittings: Factory-fabricated fittings with PE pipe complying with ASTM D 2513, SDR 11; and steel pipe complying with ASTM A 53/A 53M, black steel, Schedule 40, Type E or S, Grade B.

PART 3 – EXECUTION

3.1 SITE WORK - GENERAL
A. Site work shall be performed as shown on the plans and shall include, but not be limited to, the following:

1. Clearing, grubbing and stripping of site work areas.

2. Demolition and disposal of existing pavement, drainage structures, and other features in the project area as indicated on the Contract Drawings.

3. Trenching pipe installation, backfill, and compaction.

4. Site grading, foundation and subgrade preparation, and installation of concrete.

5. Implementation of drainage improvement works.

6. Erosion control materials installation.

B. All work shall be in accordance with the manufacturer’s written recommendations, industry standards, SSPWC (except measurement and payment), and these specifications.

C. Contractor shall exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities that are caused by its operation or neglect.
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3.2 PRE-WORK CONFERENCE AND INSPECTION OF EXISTING SITE

CONDITIONS
A. Before any work begins, a conference shall be held with the City Engineer and the Contractor regarding general requirements for the project. This conference shall include an inspection of existing site conditions.

3.3 PUBLIC SAFETY AND BARRICADE
A. Contractor shall provide safety measures as necessary to protect the public and workers within, or in the vicinity of, the work site to the satisfaction of th.

The Contractor shall ensure that its operations will not create safety hazards.

B. Contractor shall install temporary chain link fence to keep public away from the construction area.

3.4 CLEARING, GRUBBING, AND STRIPPING
A. Clearing, grubbing, and stripping, including the removal of designated plants, shall be completed before the beginning of site work including, but not limited to, grading and fill. Cleared, grubbed, and stripped materials shall be removed and disposed of offsite.

B. Clearing
Clearing shall consist of cutting, removing, and disposing of objectionable material from the ground surface, such as trash, tree stumps, brush, logs, stumps, weeds, grasses, fences, structures, and natural or artificial obstructions of any kind.

Any existing trees or shrubs to be cut, flush cut, or removed as specified in the Contract Drawings shall be disposed offsite by the Contractor.

C. Grubbing
Grubbing shall consist of digging up, removing, and disposing of objectionable material found at or below the ground surface such as trash, tree stumps, brush, logs, stumps, roots, and natural or artificial obstructions of any kind that will interfere with the required excavations and construction.

Unless otherwise shown or specified, stumps, roots over one inch in diameter, buried logs, and all other objectionable materials shall be removed to a depth of 3 feet below the existing ground surface or the structure or pipeline subgrade, whichever is deeper.
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D. Stripping shall consist of the removal of organic materials, sod, grass, and grass roots from the areas designated to be stripped.

E. Clearing, grubbing, and stripping shall also include the removal and disposal from the jobsite of trash piles and rubbish created prior to and during the construction work.

3.5 DEMOLITION AND DISPOSAL
A. Demolition and disposal work shall be in accordance with SSPWC Section 401.

B. Unless otherwise shown on the Contract Drawings, piping that will be disconnected as a part of the work shall be removed if it is aboveground and abandoned in place if it is buried. Aboveground lines that enter the ground shall be cut off a minimum of 30 inches below grade and removed. The ends of abandoned-in-place lines shall be closed with welded or threaded caps, flanges, or concrete plugs. The supports for aboveground lines that are no longer required shall be removed. Lines that enter structures and are designated to be removed shall be flanged at both ends of the penetration through the structure.

3.6 EXCAVATION AND EARTHWORK
A. Excavations shall be accurately made to the lines, grades, elevations, and cross sections shown on the Contract Drawings. Lay conduit to even grade and support conduit continuously on bottom of trench. Trenching excavation shall follow layout indicated on the Contract Drawings and as noted.

B. Obstructions within the limits of required excavations, such as boulders, tree stumps, abandoned pipes and structures, and debris of all types shall be removed as part of excavation work.

C. Unless otherwise specified or shown on the Contract Drawings, excavation shall be in accordance with SSPWC Sections 300-2 (except Section 300-

2.9) and/or 306-3. The bottom of all excavations shall be approved by the City Engineer. If the City Engineer determines that material encountered at the base of an excavation is unsuitable, additional excavation shall be required until the unsuitable material is removed to expose acceptable material and/or replaced with approved fill material with proper compaction, as directed by the City Engineer.

D. Where the material at the bottom of an excavation is disturbed or loosened during excavation or otherwise, the disturbed material shall be recompacted or removed and replaced with approved materials as directed by the City Engineer.
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E. Trenches and excavations for pipe installation shall be excavated per profiles and details shown on the Contract Drawings and with adequate allowance for bedding. Lay conduit to even grade and support conduit continuously on bottom of trench. Trenching excavation shall follow layout indicated on the Contract Drawings and as noted.

F. Cut Slopes

1. Cut slopes that remain as visible features of the completed work shall be trimmed to the lines and grades shown on the Contract Drawings as the excavation advances.

2. Debris and disturbed, loose material shall be removed.

3. When completed, the average plane of cut slopes shall conform to the slopes shown on the Contract Drawings, and no point shall vary more than ±6 inches, measured normal to the slope.

4. At no time shall cut slopes be overexcavated or disturbed by over ripping.

Overexcavated or over ripped areas shall be repaired to the satisfaction of the City Engineer.

5. The surface of bare cut slopes shall be maintained in a stable condition and shall be protected from erosion until completion of the project

3.7 PREPARATION OF FOUNDATION AND SUGRADE AREAS
A. Materials shall be excavated to sufficient depth to ensure complete removal of loose, soft, weak, unstable, organic, or other materials determined by the City Engineer as unsuitable for foundations or subgrades. Subgrades shall include subgrade areas for fills, pipelines and conduits (including bedding), slurry anchors, crushed aggregate base, pavements and crushed rock.

B. Rocks, stones, or other objects shall not intrude into the space in which structural concrete is to be placed. The Contractor shall completely remove or cut back protruding materials to the limits of structural concrete. Rocks or stones, including those cut back and trimmed, which in the opinion of the City Engineer are loose or otherwise unstable for the prepared foundation or subgrade surface shall be removed.

C. Upon completion of excavation, loose material shall be removed from the foundation or subgrade surface. Foundation and subgrade surfaces on soils shall be prepared in accordance with these specifications for the particular feature to be placed upon them. Foundation and subgrade surfaces on rock shall be thoroughly cleaned by blowing with compressed air, and when required by these specifications, they shall be cleaned with water or a combination of air and water.

D. Foundation and subgrade surfaces shall be firm, unyielding, and free of standing water at the time of placing other materials on them.
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E. The City Engineer will inspect all exposed foundation and subgrade surfaces.

Materials shall not be placed on a foundation or subgrade surface until the foundation or subgrade surface has been approved by the City Engineer.

F. After completion of preparation and after the foundation or subgrade surface is approved by the City Engineer, the Contractor shall promptly place concrete, backfill, aggregate, crushed rock, base course, or fill, as the case may be, upon it to prevent deterioration of the surface. Where deterioration or disturbance of the surface occurs due to air-slaking, mechanical breakdown, loosening from traffic, erosion, or other cause, additional excavation, compaction, foundation and subgrade surface preparation, and cleanup shall be performed as required or as directed by the City Engineer.

3.8 BACKFILL AND COMPACTION
A. Trenching and backfill (including fill and sand bedding) shall be in accordance with SSPWC Sections 306-3 and 306-6, except that sand bedding shall be provided 6 inches below the bottom of pipe, and 6 inches above the top of pipe. Trench shall be to the grades as shown on the Contract Drawings.

B. Backfill (including fill and sand bedding) shall be mechanically compacted and shall conform to adjacent grades without dips, sunken areas, humps or other surface irregularities.

C. Material Placement and Moisture Conditioning

1. Backfill (including fill and sand bedding) that are to be compacted shall be placed in horizontal layers 8 inches thick, maximum, measured before compaction, unless otherwise specified.

2. Each layer shall be spread evenly over the entire area and shall be thoroughly mixed during the spreading to obtain uniformity of material and moisture in each layer.

3. At the time of compaction, the moisture content of the backfill (including fill and sand bedding) shall range from the optimum moisture content to 2 percent above the optimum moisture content unless otherwise specified or directed by the City Engineer. This required moisture content shall be achieved in backfill materials prior to transport to the fill area and shall be maintained uniformly throughout each layer of material until compaction of the layer is complete.

Only minor, final adjustments to moisture content may be done in the fill area.

When necessary before compaction, limited, controlled sprinkling followed by discing, or limited, discing, followed by air-drying and subsequent discing, may be performed to obtain a uniform moisture distribution.

4. Non-conforming materials requiring significant moisture conditioning shall be removed from the fill area and processed as necessary.
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5. After compaction and as determined by the City Engineer, each layer shall be sufficiently scarified to provide a bond with the next layer.

D. All areas disturbed by Contractor’s work, except areas to receive hydroseed planting, shall be backfilled, compacted, and graded to drain.

E. After being placed, mixed, and spread evenly, each layer of backfill (including fill and sand bedding) shall be thoroughly compacted to the specified percent compaction.

F. Compaction equipment shall be approved by the City Engineer.

G. Compaction shall be continuous over the entire area.

H. Unless otherwise specified, backfill (including fill and sand bedding) shall be compacted to a percent compaction of 90 percent, minimum. The upper 6 inches below pavements and the upper 12 inches below the concrete structures shall be compacted to a percent compaction of 95 percent, minimum.

I. The 95 percent compaction requirement of these specifications shall be considered satisfied when both of the following are met:

1. At least 17 of any 20 consecutive density tests in a zone yield dry densities that are equal to or greater than 95 percent of the laboratory maximum dry density.

2. No density test yields a dry density less than 93 percent of the laboratory maximum dry density.

J. The 90 percent compaction requirement of these specifications shall be considered satisfied when all density tests yield dry densities that are equal to or greater than 90 percent of the laboratory maximum dry density.

K. Final subgrade surfaces shall be compacted to the specified percent compaction and moisture content and then protected until the Contractor is ready to place concrete, pavement, or structure.

3.9 ASPHALT CONCRETE PAVEMENT CONSTRUCTION AND REPLACEMENT A. Pavement construction shall be a minimum of 3 inches of asphalt concrete on 6 inches of aggregate base course unless otherwise shown on the Contract Drawings.

B. Preparation: Edges of existing pavement that are damaged or broken shall be trimmed to a straight line. Trimming shall provide a smooth, sound, vertical edge for the new pavement to join.

C. Subgrade shall be prepared in accordance with SSPWC Sections 301-1.1 to 301-1.5.

D. Base course shall be prepared in accordance with SSPWC Sections 301-

2.1 to 301-2.3.
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E. Asphalt concrete pavement shall be constructed in accordance with SSPWC Sections 302-5.1 through 302-5.7 and as shown on the Contract Drawings, except as follows:

1. Prime coat shall not be used.

2. In confined areas, where machine application is impractical, asphalt concrete shall be hand-raked. Hand-raked materials shall be spread without segregation of the ingredients. Broadcasting of materials from shovels or allowing the materials to separate will not be permitted.

Heated tamping irons, not smoothing irons, shall be used for compacting surfaces not accessible to rollers.

3. Where it is determined in the field that an accumulation of water will occur in a low spot around a structure or other location, the finished grade shall be adjusted to prevent ponding.

F. Unless otherwise shown on the Contract Drawings, the compacted layer thickness shall be 3 inches, maximum. Finished asphalt thicknesses in excess of 3 inches shall be constructed in 2 or more layers.

G. The finish surface of the new compacted paving shall be flush with the existing surface and shall conform with the grade and crown of the adjacent pavement.

3.10 CONCRETE CONSTRUCTION
A. Reinforcement for concrete and concrete placement shall be as shown on the Contract Drawings and in accordance with SSPWC Section 303-1 and 201-2.

1. Reinforcement shall be placed not closer than 2 inches to formed surfaces of concrete in contact with water, ground, or air, or not closer than 3 inches to the surfaces of concrete placed directly against the ground unless otherwise shown on the Contract Drawings.

2. Reinforcement shall be placed not closer than 3 inches to embedded piping or sleeves passing through walls unless otherwise shown on the Contract Drawings .

3.11 BACKFILL SLURRY PLACEMENT
A. Placement of backfill slurry shall be in accordance with SSPWC 201-6.6 when required on the Contract Drawings. In addition, it shall be placed in a flowable condition, at a slump consistent with placement conditions, and shall be uniformly vibrated throughout its entire depth.
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3.12 MASONRY CONSTRUCTION
A. Masonry construction shall be as shown on the Contract Drawings and in accordance with SSPWC Section 303-4.

3.13 EROSION CONTROL MATERIALS INSTALLATION
A. Erosion control materials shall be installed as indicated on the Contract Drawings and in accordance with the manufacturer’s recommendations.

B. The City Engineer shall approve all subgrade areas prior to the installation of erosion control materials.

3.14 CEMENT TREATED BASE
A. Cement treated base shall be installed in accordance with SSPWC 301-3.3.

3.15 CHAIN LINK FENCE
A. Chain link fence shall be installed in accordance with Section 304-3 of the SSPWC, and the details shown on the Contract Drawings.

3.16 NATURAL GAS LINE
A. All underground natural-gas piping installations must be buried at least 36 inches below finished grade. If natural gas piping must be installed less than 36 inches below finished grade, it must be installed in an appropriate containment conduit.

B. Trench Backfill

1. The gas pipe shall be placed in the trench on top of a minimum of 6 inches of aggregate bedding material, which also extends to 4 inches above the top of pipe and compacted. If the gas pipe is to be installed in an area with new bituminous or concrete pavement, then the aggregate bedding material shall be extended above new gas to the bottom of proposed subbase material.

Compaction of earth or aggregate material in pipe trench shall only be accomplished by using hand mechanical tampers until the backfill material has been placed a minimum of 2 feet above the gas pipe.

C. Labeling and Identification

1. Underground gas pipes - Detectable Warning Tape: Acid- and alkali-resistant, PE film warning tape manufactured for marking and identifying underground utilities, a minimum of 6 inches (150 mm) wide and 4 mils (0.1 mm) thick, continuously inscribed with a description of utility, with metallic core encased in a protective jacket for 65059.00000\40059964.1
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corrosion protection, detectable b metal detector when tape is buried up to 30 inches (750) deep; colored yellow.

2. Aboveground gas pipes
a. Preprinted, color-coded, with lettering indicating service, and showing flow direction.
b. Spaced at maximum intervals of 25 feet along each run, and 2 feet on either side of wall penetrations.

3.17 FIELD QUALITY CONTROL
A. Inspection and testing will be performed by the City Engineer.

B. Field in-place dry density for soils and earth materials containing individual particle sizes no greater than 1-1/2 inches in maximum dimension will be determined in accordance with ASTM D1556 using a sand cone or USBR 7230 using a nuclear gauge.

C. The field in-place dry density for soil and earth materials containing individual particle sizes greater than 1-1/2 inches but no greater than 5 inches in dimension will be determined in accordance with ASTM D4914.

D. The field in-place dry density for soil and earth materials containing individual particle sizes greater than 5 inches in maximum dimension will be determined in accordance with ASTM D5030.

E. The field in-place dry density and moisture content for soils and earth materials containing oversized particles will be corrected in accordance with the basic procedures of USBR 7205, Section 11, Method B.

3.18 CLEAN-UP
A. Clean-up shall be done as each portion of work progresses.

B. Clean-up shall be performed at the end of each working day, and a maximum cleanup effort shall be made for each weekend by the Contractor in a manner satisfactory to the City Engineer.

C. Construction debris shall be removed from the site and transported to an approved disposal site in a legal manner.

END OF SECTION
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SECTION 02750 – TRAFFIC STRIPING AND PAVEMENT MARKINGS
PART 1 - GENERAL

1.1 WORK FOR THIS SECTION
A. Traffic striping and pavement markings shall conform to Section 84 Traffic Stripes and Pavement Markings of the California Department of Transportation (Caltrans) Standard Specifications, latest edition, the most current edition of Standard Specifications for Public Works Construction (SSPWC or Greenbook) Section 214 Traffic Striping, Curb and Pavement Markings, and Pavement Markers, and to these Special Provisions.

B. Thermoplastic pavement markings shall conform to SPPWC Section 214-

5. PART 2 – MATERIALS

2.1 GENERAL
A. Manufacturer’s warranties, guaranties, and instruction sheets for materials used in the work shall be submitted to the City Engineer in accordance with the standard specifications.

B. Except where noted, all traffic striping and markings shall be rapid dry water borne paint per Caltrans Specification PTWB-01R2.

C. All new and existing Legends, Limit Lines, Crosswalks, Arrows, and Lane Line Extensions shall be Thermoplastic, and shall conform to SSPWC Section 214-5 Thermoplastic Material for Traffic Striping and Markings.

PART 3 – EXECUTION

3.1 LAYOUT ALIGNMENT AND SPOTTING
A. The Contractor shall replace all striping in kind, unless otherwise directed in this section or as directed by the City Engineer. Raised Pavement Markers shall be installed in kind.

B. If any existing legends, limit lines, striping, crosswalks, arrows, or lane line extensions are partially removed, marked, affected by the trenching work for new utilities, or otherwise damaged, the Contractor shall refresh and/or restripe the entire legend, limit line, striping, crosswalk, arrow, or lane line extension to its original, or better, condition.

C. The City Engineer will provide control points to reinstall new striping and 65059.00000\40059964.1
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raised pavement markers.

D. The Contractor shall submit a detailed field layout of new striping according to the control points provided by the City Engineer.

E. No detailed field layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or another method of providing striping that will vary less than 1/2 inch in 50 feet from the specified alignment. Straight stripes deviating more than 1/2 inch in 50 feet shall be obliterated by grinding, and the markings corrected.

3.2 APPLICATION OF PAINT
A. The Contractor’s attention is directed to Caltrans Standard Specification Section 84 for application and application equipment for all material used for traffic striping and pavement markers.

B. Seven days shall elapse between the application of a bituminous seal coat and the permanent traffic striping and markings. All new striping shall have two (2) coats of paint. The first coat of paint shall be done immediately upon approval of striping layout by the Engineer. The second coat shall be applied seven (7) days after the first coat is applied.

The paint shall not bleed, curl or discolor when applied to bituminous surfaces. If bleeding or discoloring occurs, the unsatisfactory areas shall be given an additional 3rd coat of paint. Payment shall be initiated for the individual bid items when the second coat of paint is applied. No additional payment shall be made if a 3rd coat of paint is required due to bleeding or discoloring.

D. All thermoplastic pavement markings and striping shall be applied only after 7 calendar days after completing the paving portion of the project.

E. The City Engineer shall approve the striping layout prior to installation by the Contractor. All striping and pavement markings are subject to removal and replacement, at the Contractor’s expense, to the satisfaction of the City Engineer if the layout is not approved prior to installation.
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3.3 TEMPORARY PAVEMENT MARKERS (REMOVABLE TABS)
A. Contractor shall install removable traffic tabs every 10 feet when any permanent striping is removed, destroyed or covered due to construction activities. Temporary removable traffic tabs shall be installed at locations where a stop bar or crosswalk is removed, destroyed or covered due to the construction activities. The Contractor shall maintain all tabs until permanent striping is installed and/or replaced. The Contractor shall remove all temporary traffic tabs, so as not to disturb or destroy the asphalt concrete or slurry seal, during the course of placing the permanent striping and legends.

B. Temporary removable tabs shall be placed in accordance with the manufacturer’s instructions. Temporary pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary pavement markers in areas where removal of the markers will be required.

C. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the City Engineer.

D. Epoxy adhesives shall not be used in the placement of removable-type pavement tabs. Temporary pavement markers shall not be placed without the approval of the City Engineer and approval of the Contractor’s detailed layout plan.

E. Temporary removable tabs shall be Temporary Overlay Markers (TOMs) supplied by Plexco LLC, Davidson Traffic Control Products, or Traffic Safety Supply Company, or equal. F. TOMs shall be installed prior to removing traffic control devices, including detours.

3.4 PREPARATION OF EXISTING SURFACES
A. If it is determined that new striping conflicts with existing striping, the If it is determined that new striping conflicts with existing striping, the If it is determined that new striping conflicts with existing striping, the Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings within the area as indicated by the City Engineer, that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 1/8-inch in 10-feet when measured parallel to the centerline of the street or more than 1/4- inch in 10-feet when measured perpendicular to the 65059.00000\40059964.1
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centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and the Contractor shall furnish equipment capable of providing acceptable surface. This equipment shall meet all requirements of the air pollution district having jurisdiction. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the City Engineer. All water from high velocity water jet striping removal shall be vacuumed from the pavement immediately after the water jetting and shall not be allowed to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding.

3.5 RAISED PAVEMENT MARKERS AND BLUE FIRE HYDRANT MARKERS A. Fire hydrant markers shall be placed in accordance with Los Angeles County fire department requirements.

B. Types of Markers - Raised pavement markers provided under these specifications shall conform to Drawing Number A20A of the Caltrans Standard Plans, latest edition.

C. Raised pavement markers shall be cemented to the pavement using adhesive of the type specified in SSPWC Section 214-7 Adhesives for Pavement Markers.

D. Cleaning and Clearing - All roadway surfaces upon which raised pavement markers are applied shall be cleaned and cleared so as to provide a surface free of dirt, dust, and debris prior to the application of adhesive and pavement marker.

E. New pavement markers shall not be placed until any required new traffic stripes are in place.

F. The Contractor shall place and maintain temporary lane markers (Removable Tabs) to separate traffic lanes after new pavement has been placed until permanent striping can be placed on the pavement.

G. The City Engineer shall approve the layout prior to installation by the Contractor. All raised pavement markers and blue fire hydrant markers are subject to removal and replacement, at the Contractor’s expense, to the satisfaction of the City Engineer, if the layout is not approved prior to installation.

END OF SECTION
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SECTION 15080 – POLY (VINYL CHLORIDE) (PVC) PLASTIC PIPE FITTINGS PART 1 - GENERAL

1.1 REFERENCES

1. The publications listed below form a part of this specification to the extent referenced herein. In the event of a conflict between the text of this specification and the references cited herein, the text of this specification shall take precedence.

2. Where a date is given for reference standards, the edition of that date shall be used. Where no date is given for reference standards, the latest edition available on the date of Notice Inviting Bids shall be used.

A. American National Standards Institute (ANSI)

1. ANSI/ASME B16.5, Pipe Flanges and Flanged Fittings: NPS 1/2 through NPS 24 Metric/Inch Standard
B. ASTM International (ASTM)

1. ASTM D1784, Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds

2. ASTM D1785, Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120

3. ASTM D2464, Standard Specification for Threaded Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80

4. ASTM D2466, Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40

5. ASTM D2467, Standard Specification for Socket-Type Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80

6. ASTM D2855, Standard Practice for Making Solvent-Cemented Joints with Poly(Vinyl Chloride) (PVC) Pipe and Fittings

7. ASTM D3139, Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals
C. Standard Specifications for Public Works Construction (SSPWC) 65059.00000\40059964.1
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1.2 SUBMITTALS
A. Product Data: Manufacturer's data and printed recommendations shall be submitted on the following:

1. Technical data, including recommendations for storage, for all components of each piping system

2. Welding materials

3. Representative catalog cut for each different type of item indicating materials of construction, important dimensions, and range of pipe sizes for which that item is suitable.

B. Shop Drawings

1. Shop drawings of pipe and fittings for each piping system shall be submitted showing complete layout plans and the following information:
a. Design pressure and hydrostatic or pneumatic test
pressure
b. The length and designation, by number, of each shopfabricated pipe section and fitting c. The complete material description and pipe-centerline location and elevation at changes in grade or horizontal alignment
d. Details of welding, non-destructive testing, and
protective coatings for each shop-fabricated pipe section and fitting
C. Plans and Procedures

1. Contractor’s Quality Assurance Plan outlining testing, inspection and documentation.

2. Procedures for hydrostatic testing.

D. Certifications

1. Certifications for compliance with shop cleaning, field cleaning and testing shall be submitted.
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2. Certification for NSF compliance shall be submitted.

1.3 MANUFACTURER’S QUALIFICATIONS
A. The manufacturer shall have minimum 5 years of experience in the design and manufacture of articles being furnished.

B. The Contractor shall bear the burden of proof that the proposed manufacturer and all manufacturing facilities meet the experience requirements. When requested by the City Engineer the Contractor shall submit documentation in quantity and form to demonstrate that the manufacturing facilities listed meet the experience requirements specified herein.

1.4 QUALITY ASSURANCE
A. The Contractor shall ensure that the manufacturer is actively controlling and supervising the design, machining, fabrication, assembly, and testing processes whenever it is using its own facilities or subcontracted facilities in the design, machining, fabrication, assembly and testing of specified equipment, including the publication and adherence to a corporate Quality Assurance Plan (QAP).

B. The Contractor, its manufacturers and suppliers shall maintain complete records for tracing materials, products, and manufactured parts.

C. At all times during business hours, the City Engineer shall have access to the offices and places of manufacture of the Contractor and its manufacturers and suppliers for the purposes of auditing the QAP.

1.5 DELIVERY, STORAGE AND HANDLING
A. Handling and shipping from the factory to the site shall be the Contractor’s responsibility, and it shall be in accordance with SSPWC Sections 306-2.2 to 306-2.4.

B. Provisions shall be made in handling, loading, unloading, and storing of pipe and fittings to avoid distortion, scratches, gouges, cracks, dents, and scuffing. Pipe and fittings shall be stored in a flat, horizontal position, protected from the elements until ready for installation.

C. At all times, plastic pipe shall be supported for the full length of the pipe and protected from ultraviolet exposure. Pipe that has been damaged or distorted shall be replaced.

D. In the event that during storage coated pipe is subjected to ultraviolet 65059.00000\40059964.1
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exposure longer than 90 calendar days, it shall be physically inspected prior to installation in the trench. UV-degradation will be evaluated by the City Engineer. Where, in the opinion of the City Engineer, the degree of degradation will not affect the integrity of the coating, the City Engineer may allow the installation of the pipe; otherwise, the affected section will be rejected.

PART 2 – PRODUCTS

2.1 GENERAL
A. All equipment furnished shall be new, unused, and manufactured in accordance with these specifications and the latest manufacturing practices.

B. Equipment shall be tested according to the manufacture’s specification, and as detailed herein. The Contractor shall furnish all necessary labor, materials, and equipment required for testing and shall accomplish the required tests at no additional cost to the City Engineer.

C. Equipment inspection shall be done at the factory and/or final destination.

D. Equipment shall be installed in accordance with the manufacturer’s written instructions and as shown on the contract documents.

E. All materials that come in contact with waters subject to NSF 61 regulations shall be ANSI/NSF 61 and, where applicable, ANSI/NSF 372 certified for its intended use in potable water applications. ANSI/NSF 61 and ANSI/NSF 372 certification must be provided by an ANSI-approved product certification organization.

2.2 MATERIALS
A. General

1. All pipe, fittings, and flanges shall be dimensionally round, true, homogeneous, and free from visible cracks, holes, blisters, indentations, wrinkles, and foreign inclusions. Pipe shall conform to the applicable requirements of ASTM D1785. Visual inspection for compliance with these requirements will be made on all pipe, fittings, and flanges by the City Engineer after delivery to the jobsite. Any pipe, fitting, or flange failing to pass this inspection will be rejected.

2. Pipe, fittings, and flanges shall have the following information printed indelibly in ink, or molded thereon: manufacturer's lot or 65059.00000\40059964.1
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control number, manufacturer's name or trademark, material, type, grade, size, and the NSF seal for intended applications (NSF-pw for potable water and NSF-dwv for drain, waste and vent). All markings shall be of sufficient permanence to withstand normal handling before and during installation.

B. PVC Compound: The compound from which the pipe and fittings are made shall conform to the requirements of ASTM D1784, Class 12454-B or Class 12454-C. The compound shall contain the minimum amount of color pigment, stabilizers, and lubricants required for processing. Pipe, fittings, and flanges shall be free of odor and taste. Material shall be pigmented to produce pipe flanges and fittings all of the same gray color.

C. PVC Pipe

1. The rigid PVC pipe shall be extruded from virgin PVC compound as specified herein. All pipes shall be Schedule 80, conforming to the requirements of ASTM D1785. The dimensions and
tolerances of all PVC pipe shall be in accordance with the requirements of ASTM D1785.

D. PVC Fittings

1. The PVC fittings shall be injection-molded from virgin PVC compound as specified herein.

2. Sanitary tees shall be Schedule 40 in accordance with the requirements of ASTM D2466.

3. All other PVC fittings shall be Schedule 80, normal impact.

Fittings shall be socket solvent welding type, unless otherwise specified or shown.

4. All PVC fittings shall be in accordance with the requirements of ASTM D2467 for socket welded fittings and ASTM D2464 for threaded fittings.

E. PVC Flanges

1. PVC flanges shall be injection-molded from virgin PVC compound as specified herein.

2. All flanges shall be Class 150, except flanges for pipe 8 inches and larger shall be ring-type, with socket and spigot specially fabricated for PVC fittings and flanges.

3. The outside diameter and drilling of flanges shall conform to the requirements of ANSI/ASME B16.5.
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4. Flanges shall be socket solvent welding type, unless otherwise specified or shown.

F. Solvent cement and primer used for joints shall be in accordance with Section 01068 and shall be furnished by the supplier of the PVC pipe, fittings, or flanges. Solvent cement and primer shall be suitable for use in accordance with the local air quality management district. Solvent cement for all PVC pipe on this project shall all be of the same manufacturer and type and shall be certified in writing by the pipe and solvent manufacturer as being suitable for the chemicals being transported.

G. Flange Gaskets

1. Neoprene full-faced gaskets 1/8-inch thick of 45 to 60 durometer ("A" scale) are required for PVC flanged joints.

H. Flange Bolting

1. All fasteners shall be stainless steel. Anti-galling compound shall be used on the threads.

I. Thread Lubricant and Socket Tape

1. Thread lubricant and Teflon thread tape shall be used to lubricate joints and seal threaded joints except those shown otherwise on the drawings, or on the mating component manufacturer's printed recommendations.

J. Flexible Couplings

1. Flexible joints in PVC piping systems shall conform to the requirements of ASTM D3139 and shall be used only where indicated on the drawings..

PART 3 – EXECUTION

3.1 PREPARATION
A. The joining of PVC pipe to PVC fittings and flanges shall be done by solvent welding, except where otherwise specified or shown on the drawings. Pipe ends shall be cut square and chamfered. The surfaces of pipes and fittings to be bonded shall be prepared in accordance with the cement manufacturer’s recommendations before applying the primer and solvent. A PVC primer shall be applied to the pipe ends and fittings before solvent cement is applied to the joints. The primer used shall be 65059.00000\40059964.1
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in accordance with the solvent cement manufacturer's printed recommendations.

B. All joints, and the preparation thereof, shall be in accordance with the manufacturer's printed recommendations, as specified herein, and with the requirements of ASTM D2855.

3.2 INSTALLATION
A. Aboveground Pipe Installation

1. All PVC pipe connections to metal valves, fittings, equipment, and specialties shall be flanged connections unless otherwise shown on the drawings or specified. Flanged faces shall be thoroughly cleaned of all foreign substances before flanges are connected.

Flanges shall be aligned, and the faces shall be parallel before the joint is made. Extra care shall be taken to load the bolts evenly so as to eliminate unnecessary stresses. Washers shall be used between the PVC flange and the bolting material. Where PVC flanges are to connect to a flange of a different material, the bolting materials specified for the PVC flange connections shall prevail. A torque wrench shall be used to tighten the bolts on all flanged connections, and the manufacturer's recommended torque values shall be used.

2. If the PVC pipe is laid on ground surface for temporary use, the Contractor shall support the pipe bottom and the pipe itself from any movement in accordance with the pipe manufacturer’s recommendations and with the City Engineer’s review and approval. The Contractor shall also provide any provisions to protect the pipe from the public, vehicles, etc. with the City Engineer’s review and approval. The Contractor shall inspect the pipe periodically each day and provide any additional supports or protections as needed.

3. Schedule 80 threaded fittings or pipe shall only be used where shown on the drawings. Only strap wrenches shall be used for tightening PVC threaded connections, and care shall be taken not to over tighten these connections. A thread lubricant/sealant shall be used on all threaded connections.

4. Cemented joints shall be tested dry before cementing. Joints shall engage about 50 percent of total engagement before interference; components which fit loosely dry shall not be used.

Adequate ventilation shall be provided when working with pipe joint solvent cement.
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5. Where clamping of the pipe for the purpose of anchoring is required, the clamps shall be fitted with rubber or PVC tape liners.

Supports shall be provided at all points of directional change, especially from horizontal to vertical, whether such supports are or are not shown on the drawings.

6. Valves, check valves, and other devices in the line shall be supported so that the weight or torque applied to the device does not place undue stress on the pipe.

7. All PVC pipe shall be installed and supported to permit contraction and expansion from temperature changes. PVC pipe shall not be installed at temperatures below 50 °F.

8. Pipe supports and related accessories for PVC pipe systems shall be hot-dipped galvanized after fabrication, except that pipe supports and related accessories that are submerged,
intermittently submerged or exposed to a moist or corrosive atmosphere shall be Type 316 stainless steel.

B. Underground Pipe Installation

1. The Contractor shall install the PVC pipe underground in the locations and to the depth shown on the drawings. Trenches in which PVC pipe is to be laid shall be excavated 4 inches below the bottom of the pipe. Trenches for the pipe shall be contained as nearly as practicable to the prescribed minimum width below a line one foot above the top of the pipe.

2. The trench shall be refilled with 4 inches of compacted sand for pipe bedding. The pipe shall be bedded throughout its full length in the sand in accordance with the requirements of Section 2001, Site Work Requirements. In no case shall the pipe be installed in such a manner as to be supported by the couplings.

3. When the piping installation is made at temperatures above the average soil temperature at burial depth, the pipe shall be snaked to the extent recommended by the manufacturer, and the pipe shall be cooled by filling it with water prior to backfilling.

Pipe shall not be laid when the temperature is below 50 °F, nor above 100 °F when exposed to direct sunlight. Ends to be joined shall be shielded from direct sunlight prior to and during the laying operation.
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4. Pipe transitions from PVC to another material shall be joined a minimum of 6 inches below the ground surface unless shown otherwise on the drawings.

5. Sand shall be used for backfilling from the top of the sand bedding to a grade 12 inches above the top of the pipe.

3.3 SHUTDOWN OF EXISTING PIPELINES
A. If existing shut down of an existing utility is required for connection, it shall be in accordance with SSPWC Section 306-2.7.
.

3.4 CLEANING
A. Cleaning shall be performed as required during assembly, and prior to pressure testing.

B. Piping systems that will come into contact with potable water shall be disinfected in accordance with SSPWC Section 306-8.9.4.3.

3.5 TESTING
A. Field hydrostatic or pneumatic testing shall be in accordance with SSPWC Section 306-8.9.2.4.

END OFSECTION
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SECTION 16050 – BASIC ELECTRICAL METERIALS AND METHODS
PART 1 – GENERAL

1.1 REFERENCES
A. General

1. The publications listed below form a part of this specification to the extent referenced. In the event of a conflict between the text of this specification and the references sited herein, the text of this specification shall take precedence.

B. American National Standards Institute (ANSI)

1. ANSI Z535.4, Product Safety Signs and Labels
C. Institute of Electrical and Electronic Engineers (IEEE)

1. IEEE 315, Graphic Symbols of Electrical and Electronics Diagrams D. National Electrical Contractors Association (NECA)

1. NECA Standard of Installation
E. National Electrical Manufacturers Association (NEMA)

1. NEMA 250, Enclosures for Electrical Equipment (1000 Volts Maximum)

2. NEMA 280, Application Guide for Ground Fault Circuit Interrupters

3. NEMA AB 1, Molded Case Circuit Breakers and Molded Case Switches

4. NEMA PB 1, Panelboards

5. NEMA OS 1, Sheet-Steel Outlet Boxes, Device Boxes, Covers, and Box Supports

6. NEMA OS 2, Nonmetallic Outlet Boxes, Device Boxes, Covers, and Box Supports

7. NEMA WD 1, General Requirements for Wiring Devices

8. NEMA WD 6, Wiring Devices—Dimensional Requirements
F. National Fire Protection Association (NFPA)

1. NFPA 70, National Electrical Code (NEC)
G. Underwriters Laboratories, Inc. (UL)

1. UL 50, Standard for Safety Enclosures for Electrical Equipment, Cabrillo Mole Phase II Revitalization Project -
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17th Edition

1.2 SUBMITTALS
A. Product Data: Information shall be submitted for all applicable electrical products and components required under the Contract as indicated in the detailed technical sections of these specifications.

B. Shop and Working Drawings: Drawings shall be submitted as follows.

1. Shop drawings shall be stamped and signed by an electrical engineer registered in the State of California and shall include, as a minimum, detail of dimensions, arrangements, capacities, weights, special features required, connection and interconnection diagrams, schematic elementary control diagrams, equipment schedules, and manufacturer's data.

2. Device designations and symbols for electric circuit diagrams shall be in accordance with IEEE 315.

3. In addition to items mentioned above, shop drawings shall be submitted for the following:
a. Bill of materials with catalog or part numbers.
b. List of recommended spare parts.
c. Front elevation drawings showing location of all apparatus and devices.

C. Test Reports, Certifications, Correspondence

1. Submit test reports for testing as required under the detailed technical section of these specifications.

D. Submit operation and maintenance manuals.

E. All equipment and components shall be anchored.

PART 2 – PRODUCTS

2.1 JUNCTION AND PULL BOXES
A. General

1. Junction boxes shall be used where shown on the Drawings and where necessary to tap off, or to redirect multiple conduit runs.

2. Pull boxes shall be used where necessary to facilitate conductor installation in the raceway system. They shall be used to limit the length of conduit runs to less than 150 feet and to limit the number of equivalent right-angle bends to no more than 3, unless otherwise approved by the City Engineer.

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3. Boxes for below grade conduit shall be watertight and shall be cast-metal or cast-concrete, as shown on the Drawings.

4. Boxes for above grade outdoor locations shall be watertight and shall be castmetal or nonmetallic, as shown on the Drawings. Boxes for weatherproof outdoor applications shall be in accordance with NEMA 250, Type 3R. Boxes for waterproof and dustproof outdoor applications shall be in accordance with NEMA 250, Type 4, Watertight. Enclosures for applications in a corrosive or washdown environment shall be in accordance with NEMA 250, Type 4X (stainless steel).

5. Junction and pull boxes shall be identified with engraved nameplates.

B. Sheet Steel: Sheet steel boxes shall be hot-dip galvanized after fabrication and shall have full-access screw covers mounted with corrosion-resistant stainless steel machine screws.

C. Cast Metal

1. Cast metal boxes shall be neoprene-gasketed and watertight with hinged, castmetal full-access covers unless otherwise shown on the Drawings. The hardware for covers shall be Type 304 stainless steel in accordance with ASTM A193. Conduit entrances shall be drilled and tapped. Box shall have an integral lug suitable for conductor grounding purposes.

2. For below grade conduit, boxes that are embedded in concrete shall be 8 inches by 8 inches by 6 inches, minimum.

D. Nonmetallic

1. Nonmetallic boxes shall be gasketed, watertight, corrosion-resistant, and shall have a hinged, full-access screwed cover.

2. The box and cover shall be high-impact-strength fiberglass-reinforced polyester material with stability to high heat.

3. The hinge and machine screws shall be Type 304 stainless steel in accordance with ASTM A193.

4. Boxes shall have conduit hubs and mounting lugs.

5. The minimum size shall be 7 inches by 10 inches by 6.5 inches deep.

E. Concrete

1. Concrete boxes shall be reinforced cast concrete, and minimum internal dimensions shall be 10 inches by 17 inches.

2. Cast-iron traffic-type covers shall be marked ELECTRIC, TELEPHONE, or as shown on the Drawings.

F. Special Boxes: Special boxes shall be as shown on the Drawings.

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2.2 PVC-COATED CONDUIT AND FITTINGS
A. PVC-coated conduit and fittings shall be in accordance with Section 16110, Raceways.

2.3 COATINGS
A. Electrical equipment and panels shall be factory finished with manufacturer's standard primer and enamel topcoats, unless stated otherwise in the individual equipment specifications. One pint of the equipment manufacturer's touch up paint per 500 square feet of painted surface shall be provided for repair of damaged enamel topcoats.

PART 3 – EXECUTION

3.1 GENERAL
A. Prepare a work procedure for all work that interrupts service to the City’s equipment.

Include a step-by-step procedure that will be followed in the performance of this work and the time involved in each step. Submit this procedure to the City Engineer for review 2 weeks in advance of the performance of the work.

3.2 SURFACE PREPARATION
A. Removal or Relocation of Materials and Equipment

1. Review demolition methods with the City Engineer prior to cutting or removing existing architectural and/or structural items or equipment.

2. Unless otherwise noted, remove existing electrical materials and equipment from areas indicated for demolition or where equipment is relocated. Remove materials no longer used, such as studs, straps, and conduits. Remove or cut off concealed or embedded conduit, boxes, or other materials and equipment to a point at least 3/4-inch below the final finished surface. Remove existing unused wires.

3. Where existing materials and equipment are removed or relocated, materials designated as scrap by the City Engineer shall be removed and disposed of by the Contractor.

4. Concealed or embedded materials and equipment such as conduit and boxes shall be removed or cut off to a point below or above the final finished surface as approved by the City Engineer.

B. Protect equipment outlets and conduit openings with factory made plugs or caps whenever work is not in progress at that point.

C. Repairs: Damaged surfaces shall be repaired to the quality and finish of the surrounding surface.

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3.3 INSTALLATION
A. Unless otherwise specified, work shall be performed in accordance with Cal/OSHA CCR, Title 8 and NECA Standard of Installation.

B. The Contractor shall check the locations shown on the Drawings for light fixtures, electrical outlets, equipment, and other electrical-system components for conflict with openings, structural members, and the components of other systems and equipment having fixed locations. In the event of a conflict, the City Engineer shall be notified in writing and the City Engineer’s decision shall govern. The Contractor shall make the modifications and changes required to correct conflicts.

C. Installation shall be in accordance with the manufacturer’s printed installation recommendations. A copy of the manufacturers’ installation instructions shall be available for review at the jobsite all times. The City Engineer shall be advised in writing where there is a conflict between the manufacturers’ instructions, the codes and regulations, and these specifications.

D. Fittings for conduit and conductor entry to enclosures shall maintain the specified environmental application of the enclosure after installation.

E. The Drawings indicate connections for typical equipment only. If the equipment furnished is different from what is shown, provide the modifications necessary for a safe and properly operating installation in accordance with the equipment manufacturer’s recommendations.

F. The Drawings diagrammatically indicate the desired location and arrangement of outlets, conduit runs, equipment, and other items. Field determine exact location based on physical size and arrangement of equipment, finished elevations, and obstructions. Any such modifications in the final routing and coordination of the location of electrical installations shall be made at no extra cost to the City.

G. Work or equipment not indicated or specified which is necessary for the complete and proper operation of the electrical systems shall be accomplished without additional cost to the City.

H. Accomplish work required to pierce any waterproofing after the part piercing the waterproofing has been set in place. Seal and make watertight the openings made for this purpose.

I. Seal weathertight equipment or components exposed to the weather.

3.4 INSTALLATION OF JUNCTION AND PULL BOXES
A. Boxes shall be made accessible.

B. Boxes shall not be installed in finished areas unless approved by the City Engineer.

C. Boxes shall be mounted plumb and level.

D. Flush-mounted boxes shall be used with concealed conduits.

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E. Edges of boxes shall be made flush with the final surface.

F. Boxes shall be installed in a secure substantial manner and shall be supported independently of conduit by attachment to the building structure or a structural member. Bar hangers shall be used in frame construction or boxes shall be fastened directly with wood screws on wood, bolts and expansion shields on concrete or brick, toggle bolts on hollow masonry units, and machine screws or welded threaded studs on steelwork. Mounting hardware shall be galvanized.

G. Boxes for conduits shall be installed below grade and shall be protected from water accumulating inside them in unpaved areas, roadways, or walkways.

H. Boxes may be mounted on the surface of structures, just above finished grade, and in an accessible but unobtrusive location.

I. Junction and pull boxes located in paved areas, roadways, or walkways shall be as approved by the City Engineer. Boxes and covers shall resist loadings in accordance with H 20 44 loading of AASHTO HB 15.

J. Provide boxes sized as shown on the Drawings. Where box size is not indicated, provide boxes sized as required per NFPA 70.

END OF SECTION
SECTION 16110 – RACEWAYS
PART 1 – GENERAL

1.1 REFERENCES
A. General

1. The publications listed below form a part of this specification to the extent referenced. In the event of a conflict between the text of this specification and the references cited herein, the text of this specification shall take precedence.

B. American National Standards Institute (ANSI)

1. ANSI C80.1, Rigid Steel Conduit—Zinc Coated

2. ANSI C80.3, Electrical Metallic Tubing—Zinc Coated
C. ASTM International (ASTM)

1. ASTM A123, Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products

2. ASTM A653, Standard Specification for Sheet Steel, Zinc-Coated Cabrillo Mole Phase II Revitalization Project -
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(Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the HotDip Process D. National Electrical Manufacturers Association (NEMA)

1. NEMA 250, Enclosures for Electrical Equipment (1000 Volts Maximum)

2. NEMA RN 1, Polyvinyl Chloride (PVC) Externally Coated Galvanized Rigid Steel Conduit and Intermediate Metal Conduit

3. NEMA TC 2, Electrical Plastic Tubing (EPT) and Conduit (EPC 40 and EPC 80)

4. NEMA VE 1 and 2, Metallic Cable Tray Systems
E. National Fire Protection Association (NFPA)

1. NFPA 70, National Electrical Code (NEC)
F. Underwriters Laboratories, Inc. (UL)

1. UL 1, Standard for Safety Flexible Metal Conduit

2. UL 6, Standard for Safety Rigid Metal Conduit

3. UL 514B, Standard for Safety Fittings for Conduit and Outlet Boxes

1.2 SUBMITTALS
A. Submittals shall be in accordance with Section 16050, Basic Electrical Materials and Methods, and this section.

B. Action Submittals

1. Product data for raceway components including manholes, handholes, conduits, wireways, pull boxes, fittings and other materials and components as specified herein and/or shown on the drawings.

2. Shop drawings showing conduit/raceway layout and routing for authorization prior to the installation of exposed raceways.

3. Structural calculations including, but not limited to design of anchorage. Structural calculations, shop drawings, and all pertinent manufacturer data for the strut system supporting the cable trays and raceways. Support calculations and shop drawings shall be stamped and signed by a civil or structural engineer registered in California. a. Structural calculations including, but not limited to:
• A description of the design criteria.
• Determination of forces on all components.

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• Selection of strut system framing members, fittings, and accessories.
• Design of anchorage.
b. Structural design and calculations for all manholes. All design and calculations shall be stamped by a structural or civil engineer registered in California.

1.3 DELIVERY, STORAGE AND HANDLING
A. All materials shall be stored, as required, in dry locations. Following installation, products shall be protected in place from the effects of moisture, corrosion, and physical damage during construction.

B. Openings in conduit and tubing shall be kept capped with manufactured seals during construction.

PART 2 – PRODUCTS

2.1 RIDGID STEEL CONDUIT
A. Rigid steel conduit, including bushings, couplings, elbows, and nipples shall be galvanized by hot-dipping, in accordance with ANSI C80.1, UL 6, and NEC.

Setscrew type couplings, bushings, elbows, nipples, and other fittings shall not be used.

B. Rigid steel conduit elbows used in ductbanks shall be 12 times the conduit diameter.

2.2 PVC SCHEDULE 40 CONDUIT
A. Rigid PVC conduit shall be Schedule 40, UL-listed for concrete encased, underground direct burial, concealed and direct sunlight exposed use, and UL-listed and marked for use with conductors having 90 °C insulation.

B. All intended uses of conduits, couplings, bushings, elbows, and nipples shall be in accordance with the test requirements of NEMA TC 2 and NEC.

C. PVC conduit elbows used in ductbanks shall be 12 times the conduit diameter.

2.3 PVC-COATED RIGID STEEL CONDUIT
A. PVC-coated conduit and all fittings consisting of galvanized rigid steel conduit shall be in accordance with ANSI C80.1, NEMA RN 1, UL 6, and the NEC.

B. PVC coating shall be 40 mils thickness nominal and shall be bonded to the metal.

C. The bond between the PVC coating and the conduit surface shall be greater than the tensile strength of the plastic.

D. PVC-coated fittings shall have overlapping pressure sealing sleeves extending beyond the ends of the fitting one pipe diameter or 2 inches, whichever is smaller.

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E. The inside diameter of the sleeve shall be equal to the outside diameter of the conduit. PVC-coated conduit shall be suitable for conductors with 75 °C insulation.

2.4 RACEWAY FITTINGS
A. Fittings for Rigid Steel Conduit

1. Fittings for rigid steel conduit shall be of mild steel or malleable iron, and shall be fabricated, zinc coated, and finished in accordance with ANSI C80.1, UL 514B, and NEC.

2. Locknuts shall be of mild steel or malleable iron and shall be fabricated, zinc coated, and finished in accordance with UL 514B.

3. Insulated throat bushings shall be of metal with integral plastic bushings, grounding type, and rated for 105 °C.

4. Rigid steel conduit hubs shall be bullet-type, grounding type, 2-piece, with O ring.

5. Conduit bodies for rigid steel conduit shall be sized as required by the NEC.

6. Couplings for rigid steel conduit shall be only those supplied by the conduit manufacturer.

7. Where condensate may collect on top of a seal, a drain seal fitting shall be provided.

8. Drain Fittings for Rigid Steel Conduit

9. Expansion Fittings for Metal Conduit

10. Fittings for Conduit Embedded in Concrete where Both Expansion and Deflection are Necessary
B. Cable-sealing fittings shall form a watertight nonslip connection to pass cords and cables into conduit.

1. Cable-sealing fitting shall be sized for the outside diameter of the conductor.

2. For conductors with outside diameter of 0.5 inch or less, a neoprene bushing shall be provided where the conductor enters the connector.

2.5 PRECAST MANHOLES
A. Manholes shall be precast concrete.

1. Dimensions for manholes shall be as shown on the drawings.

2. To accommodate the several raceway entrances at their specified elevations, manhole dimensions shall be increased as required with the use of extension sections.

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3. Manhole covers shall be round or rectangular as shown on the drawings.

B. Round manhole covers and frames shall be heavy duty cast iron, suitable for AASHTO 20 loading, and have machined bearing surfaces.

1. Covers shall be the indented type, solid top design.

2. Each cover shall have integral letters, not less than 2 inches high cast on the upper side, SCE, POWER, or TELECOM as appropriate, with identification numbers as specified or as shown on the drawings.

3. Covers shall be field stamped with manhole numbers as shown on the drawings.

C. Rectangular manhole covers and frames shall be heavy duty type suitable for AASHTO H-20 loading. Rectangular manhole covers shall have hinged type square or rectangular covers, solid top design, spring loaded with a recessed handle and a safety catch.

1. Each cover shall have integral letters, not less than 2 inches high and stamped or burned by welder on the upper side, SCE, POWER, or TELECOM as appropriate, with identification numbers as specified or as shown on the drawings.

2. Covers shall be hot-dip galvanized after fabrication and field-stamped with the manhole number shown on the drawings.

D. Each manhole shall have heavy weight cable racks with adjustable arms and acceptable insulators for all cables. Cable racks and hardware shall be fabricated using stainless steel or heavy duty, non-corrosive, non-metallic, material of high loading capacity.

1. Adjustable inserts shall be set in the concrete walls for attachment of the racks.

2. Bolts or studs embedded in concrete shall not be used for attaching racks.

3. Racks and inserts shall be set in place no greater than 3 foot on centers around the entire inside perimeter of the manhole, arranged so that all spare conduit ends are clear for future cable installation.

4. Racks shall have a sufficient number of arms and insulators to accommodate cables for each conduit entering or leaving the manhole, including spares.

E. Each manhole shall have a pulling iron embedded in the concrete wall opposite each raceway entrance and one in the floor vertically below the center of the manhole cover.

1. The pulling iron shall be 0.75-inch round stock securely fastened to the overall steel reinforcement, prior to concrete placement.

F. Manhole steel hardware shall be stainless steel.

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G. Each manhole shall be provided with a permanent, fixed safety ladder including brackets, supports, hardware and accessories. Ladders and ladder extensions shall be stainless steel.

2.6 PRECAST HANDHOLES
A. Handholes shall be precast concrete.

1. Handhole inside dimensions shall be no longer than 48 inches and no smaller than 24 inches as shown on the drawings.

2. Handhole covers shall be square or rectangular.

3. To accommodate the several raceway entrances at their specified elevations, handhole dimensions shall be increased as required with the use of extension sections. Handhole depth shall not be greater than 4 feet.

B. Handhole covers and frames shall be heavy duty type suitable for AASHTO H-20 loading. Handhole covers shall be square or rectangular, solid top design, with a recessed handle. Hinged handhole covers shall be spring loaded with a safety catch and shall be provided when shown on the drawings.

2. Covers shall be hot-dip galvanized after fabrication and field-stamped with the handhole number shown on the drawings.

C. Each handhole shall have a pulling iron embedded in the concrete wall opposite each raceway entrance and one in the floor vertically below the center of the handhole cover. The pulling iron shall be 0.75-inch round stock, securely fastened to the overall steel reinforcement before concrete is placed.

D. Steel hardware for handholes shall be stainless steel.

E. Handholes with inside dimensions longer than 36 inches shall have heavy-weight cable racks. Heavy-weight cable racks shall have adjustable arms and acceptable insulators for all cables.

1. Adjustable inserts shall be set in the concrete walls for the attachment of racks.

2. Bolts or studs embedded in concrete shall not be used for attaching racks.

3. Racks and inserts shall be set on not greater than 3 foot centers around the entire inside perimeter of the handhole, arranged so that all spare conduit ends are clear for future cable installation.

4. Racks shall have a sufficient number of arms and insulators to accommodate cables for each conduit entering or leaving the handhole, including spares.

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2.7 CONCRETE PULL BOXES
A. Concrete boxes shall be reinforced cast concrete, and minimum internal dimensions shall be 10 inches by 17 inches.

B. Cast-iron traffic-type covers shall be marked SCE, POWER, or TELECOM or as shown on the drawings.

2.8 RACEWAY TAGS
A. All raceways shall have tags that are made from permanent nylon or polyethylene, with raceway designations pressure stamped, embossed, or engraved on the material.

B. Tags relying on adhesives or markers only shall not be used.

C. Tags shall be attached to raceways with corrosion-resistant wire or wire ties.

D. Permanent tags for conduits in manholes or handholes utilizing cast-in-place end bells shall be secured with epoxy directly above the respective conduit end bell inside the structure.

E. Tags for raceways shall have a minimum letter height of 3/8 inch.

2.9 WARNING TAPE
A. Trenches containing electric circuits shall be identified with heavy gauge, red plastic tape of 6 inch minimum width.

B. Tape made of material resistant to corrosive soil shall be used.

C. Tape shall have a printed warning that an electric circuit is located below.

2.10 LIQUID GALVANIZING COMPOUND
A. Liquid galvanizing compound shall be used to coat exposed threads of galvanized conduit.

B. Acceptable Products: Thomas & Betts, KOPR-SHIELD; Armite Lubricants, LP-250; or equal.

PART 3 – EXECUTION

3.1 GENERAL
A. Raceway systems shall be in accordance with the NEC and CCR, Title 8.

B. Rigid conduit shall be made up with minimum five full threads and no threads showing.

C. Raceways and conductors that are shown as home runs are not shown routed on the plans. Conduits indicated to be run exposed shall be run near the ceilings or along the walls of the areas through which they pass, and shall be routed to avoid conflicts with HVAC ducts, lighting fixtures, doors and hatches, etc. Conduit indicated to be Cabrillo Mole Phase II Revitalization Project -
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run concealed shall be run under or in the center of the concrete floor slabs, underground, in partitions, or above hung ceilings as required.

D. Raceways shall be grounded in accordance with the NEC and Section 16450, Grounding.
.

3.2 REQUIRED RACEWAY TYPE FOR LOCATION AND INSTALLATION A. Exterior, Exposed

1. Rigid galvanized steel conduit.

2. PVC-coated rigid steel conduit in corrosive areas (NEMA 4X).

B. Aboveground, Embedded in Concrete Walls or Floors and Concrete Slabs: Rigid galvanized steel conduit
C. Underground, Direct Earth Burial: PVC coated rigid steel conduit shall be used including all bends and the conduit riser for the last 5 feet upon exit from earth, where shown on the drawings, or where approved by the City Engineer.

D. Concrete Encased Raceways

1. Rigid galvanized steel conduit.

2. Schedule 40 PVC conduit for exterior ductbank as shown on the drawings or per the power and telecommunication utilities requirements.

E. Special Locations

1. PVC coated rigid steel conduit shall be used:
a. Where conduit changes from underground ductbank or concrete embedded to exposed or direct earth buried.
b. Under equipment mounting pads in exterior locations. c. In exterior light pole foundations.
d. All conduit stub-ups in concrete or where noted on the drawings. e. Where PVC-coated stub-ups are required, they shall continue to the first point of termination or as shown on the drawings, but in no case, shall be less than 6 inches from underground to finished grade, and 6 inches extended above ground.

3.3 GENERAL INSTALLATION REQUIREMENTS FOR RACEWAYS
A. Location, Routing, and Grouping

1. Raceways shall be concealed or exposed as shown on the drawings. a. Raceways shall be grouped together in the same area.

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b. Raceways shall be located at least 12 inches away from parallel runs of heated piping or other utility systems.
c. Raceways shall be installed in accordance with the authorized layout and routing shop drawings.

2. Exposed raceways shall be run parallel or perpendicular to walls, structural members, or intersections of vertical planes to provide a neat appearance.

Surface contours shall be followed as much as possible.

3. Obstruction of passageways shall be avoided.

4. In outdoor, underground, or wet locations, watertight couplings and connections in raceways shall be used. Boxes and fittings shall be installed and equipped so as to prevent water entering the raceway and enclosures.

5. In outdoor or wet locations, conduit sealing fittings with drains shall be installed in vertical conduit and in long horizontal conduit runs where water condensation is probable or as directed by the City Engineer, to prevent water intrusion into boxes, control stations, control panels, or electrical equipment. A polyurethane expanding foam shall be used to seal the conduits.

6. LBD type conduit bodies shall be used when necessary to maintain the manufacturer’s specified minimum cable bending radius, or as required by the City Engineer.

7. No conduits at connections or couplings shall be threaded more than 3/8-inch past the factory threaded length.

8. All threads of galvanized conduits shall be degreased and painted with an approved zinc rich galvanizing compound. After assembly, nicks or scars shall be repainted.

9. Structural members shall not be notched or penetrated for passage of raceways except with prior approval of the City Engineer.

10.Aboveground raceways concealed in concrete shall be located so that the minimum concrete covering is not less than 2 inches.

11.Except at box connections, raceways shall be spaced in slabs not less than six times the raceway outside diameter center to center. If there is not enough space, nonmetallic preformed spacers shall be used to arrange the conduits in more than one horizontal plane. Spacers shall be installed at intervals not greater than that specified in the NEC for support of the type raceways used, and in no case greater than 5 feet.

12. Concealed, embedded, and buried raceways shall be installed so that they emerge at right angles to the surface and have none of the curved portion of the bend exposed. Raceways shall be adequately braced to ensure that they remain in place during the placement of concrete.

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13. Trapped runs shall be avoided. Where trapped runs are necessary, they shall have a drain installed at the low point.

B. Support

1. Raceways shall be supported at maximum intervals not exceeding NEC requirements or Contractor’s engineered seismic calculations requirements.

Whichever requirement is more stringent shall apply.

C. Bends

1. Changes in direction of runs shall be made with symmetrical bends or cast metal fittings.
a. Bends and offsets shall be made of the longest practical radius. b. Field made bends and offsets shall be avoided where possible, but where necessary, they shall be made with an acceptable hickey or conduit-bending machine.
c. Metal raceways shall not be heated to facilitate bending.

2. Multiple banks of conduits of the same or varied in size shall be made with symmetrical bends and concentric in their installation.

3. For PVC conduits, factory made elbows shall be used for all bends 30 degrees or larger. Rigid steel elbows shall be used on all 90 degree upward bends where conduit rises to grade. Acceptable heating methods shall be used for forming smaller bends.

4. Bends shall not be made in flexible conduit that exceed allowable bending radius of the cable to be installed or that significantly restricts the conduit's flexibility.

D. Bushing and Insulating Sleeves

1. Metallic conduits entering metal equipment enclosures through conduit knockout openings shall have 2 locknuts installed, one inside and one outside of the enclosure. An insulated grounding bushing shall also be installed on the end of each conduit. Grounding hardware shall be silicon bronze material. a. A bonding jumper shall be installed from the bushing to any equipment ground bus or ground pad. If neither exists, the jumper shall be connected to a bolt connection to the metallic enclosure.

2. Two-piece, O ring hubs shall be installed for conduit connections to NEMA 3R, NEMA 4, or NEMA 4X rated enclosures. Hubs shall be of the grounding lug type.

E. Expansion Joints

1. Expansion fittings or other suitable means shall be provided for raceways crossing expansion joints in structures or concrete slabs.

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2. Provision shall be made for the high rate of thermal expansion and contraction of PVC conduit by providing PVC expansion joints type DX; or as recommended by the manufacturer and as required.

F. PVC Conduit

1. PVC conduit joints shall be solvent-welded with a solvent recommended by the conduit manufacturer.
a. The manufacturer's solvent-welding instructions shall be followed and shall be provided watertight joints.
b. Where belled conduits are used, the un-belled end of the joint shall be beveled before joining.
c. Acceptable PVC terminal adapters shall be used when joining PVC conduit to metallic fittings.
d. Acceptable PVC female adapters shall be used when joining PVC conduit to rigid metal conduit.

G. PVC-Coated Rigid Steel Conduit

1. Installation shall be in strict accordance with the manufacturer's printed instructions.
a. Any PVC-coated conduit with damaged coating shall be removed and replaced. Repair to the PVC coating shall be at the discretion of the City Engineer and requires written approval.
b. The PVC boot shall cover all threads.
c. Metallic threads shall not be left uncovered. Metallic threads shall be degreased and coated with an approved liquid galvanizing compound.

2. Installers shall be certified by the manufacturer prior to installing PVC-coated conduit.

3. Special tools and accessories for the installation of PVC-coated conduit shall be used in accordance with the manufacturer’s recommendations. These items include, but are not limited to:
a. Jaw vise adapters
b. Half shell clamps
c. Strap wrenches
d. Threading dies sized for PVC-coated conduit.

H. Penetrations

1. The interior of all raceways entering structures shall be sealed at the first box or outlet with a suitable plastic expandable compound to prevent the entrance into Cabrillo Mole Phase II Revitalization Project -
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the structure of gases, liquids, or rodents.

2. Raceways that penetrate concrete walls, floors, or ceilings aboveground shall be dry packed with nonshrink grout, or one of the methods specified for underground penetrations shall be used.

3. A malleable iron, watertight, entrance sealing device shall be used in locations where an underground conduit enters a structure through a concrete roof or through a membrane-waterproofed wall or floor.
a. A device with a gland-type sealing assembly at each end with pressure bushings, which may be tightened at any time, shall be used where raceway concrete encasement is not specified or shown on the drawings.
b. When there is raceway concrete encasement specified or indicated, a device with a gland type sealing assembly on the accessible side shall be used.

All devices shall be securely anchored into the masonry construction with one or more integral flanges. Membrane waterproofing shall be secured to such devices in a permanently watertight manner.

3.4 INSTALLATION REQUIREMENTS FOR UNDERGROUND DIRECT BURIAL OR

CONCRETE-ENCASED RACEWAYS
A. General

1. All raceway installations not in compliance with these requirements shall be removed entirely and properly installed.

2. Union-type fittings shall not be used underground.

3. A minimum cover of 2 feet shall be provided over all underground raceways unless otherwise shown on the drawings.

4. Concrete Encased Raceways
a. Concrete encased raceways shall not be encased in concrete until they have been inspected by the City Engineer and their as-built drawings prepared by the Contractor in accordance with
Specifications, Contract Drawings, and As-built Drawings. b. Concrete encased raceways shall not be backfilled for a minimum of 72 hours after concrete placement.
c. Concrete encased raceways shall not be backfilled until they have been inspected by the City Engineer and as-built by the Contractor.

5. Warning Tapes
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underground conduit runs or ductbanks.
b. Tapes shall be aligned parallel to and within 12 inches of the centerline of runs.

B. Separation and Support

1. Parallel runs of 2 or more raceways shall be separated in a single trench with preformed, nonmetallic spacers designed for the purpose. Spacers shall be installed at intervals not greater than that specified in the NEC for support of the type of raceways used, and in no case greater than 5 feet.

2. Raceways shall be tied to supports so that the raceways will not be displaced when the concrete encasement is placed.

C. Arrangement and Routing

1. Multiple conduit runs shall be arranged neatly in accordance with the codes and/or as shown on the drawings.
a. Underground conduits shall be located where shown on the drawings.

2. Minor changes in location or cross section shall be made as necessary to avoid obstructions or conflicts.
a. Where raceway runs cannot be installed substantially as shown because of conditions not discovered prior to digging of trenches, the condition shall be referred to the City Engineer for instructions before proceeding with further work.

3. Where other utility piping systems are encountered along a raceway route, a 12 inch minimum vertical separation shall be maintained at the crossings between raceways and the other systems.
a. A 12 inch minimum separation shall be maintained between raceways and other systems in parallel runs.
b. Raceways shall not be placed over valves or couplings of other piping systems.
c. Conflicts with these requirements shall be referred to the City Engineer for instructions before proceeding with further work.

4. Insulated grounding bushings shall be provided on all metallic raceways entering manholes and handholes.

5. Nonmetallic raceways entering manholes shall have bell ends flush with manhole walls.

6. In multiple-conduit runs, raceway coupling locations shall be staggered so that couplings in adjacent raceways are not in the same transverse line.

7. All conduits shall enter manholes and structures at right angles.

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D. Concrete Encasement

1. All underground concrete-encased raceways/conduits shall be encased in a reinforced red concrete envelope.

2. A slope of at least 4 inches per 100 feet shall be maintained, either from one manhole or pull box to the next, or from a high point between them, depending on the surface contour.

3. Conduits for concrete encased raceways shall be held securely in place by acceptable window type spacer supports.

4. Encasement may be placed directly against the sides of trenches if the cut is clean, even, and free of loose material. Otherwise, provide forming as specified herein.
a. Loose material shall be removed from trenches before and during placing of concrete to ensure sound envelopes.
b. Concrete shall be vibrated and carefully spaded under and between raceways to eliminate all voids.
c. Top of concrete shall receive wood-float finish.
d. Chemical cure shall be applied to exposed concrete surfaces.

5. An entire concrete envelope shall be placed continuously. a. Where more than one placement is necessary, each placement shall terminate in a perpendicular bulkhead, and 0.75 inch reinforcing rod dowels shall be inserted, extending into the concrete 18 inches minimum on each side of the joint.
b. City Engineer's approval shall be obtained for the number and location of dowels.
c. Ductbanks that are stubbed out for future use shall stub out in rigid PVC-coated conduit with a minimum of 18 inches of exposed rebar.

All rebar stubs in contact with earth shall have heat-shrink boots or covers applied for corrosion protection. Future ductbanks shall also have a minimum of 24 inches of the embedded ground wire extended beyond the concrete envelope. Excess ground wire shall be coiled and taped to an exposed rebar stub.

3.5 MANHOLES, HANDHOLES AND CONCRETE PULLBOXES
A. Manholes, handholes, and concrete pullboxes shall be installed where shown on the drawings.

B. Excavation, shoring, bracing, backfilling, and grading shall be in accordance with requirements of Division 2.

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grading, including field changes necessitated by underground interferences, has been determined.

D. Frames shall be set 1 inch above final grades as required.

E. Raceways shall be installed so that they enter manholes, handholes, or concrete pullboxes at nearly right angles to and as near as possible to one end of a wall, unless otherwise shown on the drawings.

F. One ground rod shall be installed in each manhole, handhole, and concrete pullbox.

Noncurrent carrying metal parts in the manhole and metallic raceway grounding bushings shall be connected to this ground rod with No. 4 AWG (minimum) copper conductor. The main system ground conductor shall be spliced and extended into all manholes and handholes. Ground conductor shall be bonded to each manhole, handhole, or concrete pullbox ground rod.

G. The Contractor shall prepare a hole large enough to accommodate the outside dimensions of the manhole, handhole, or concrete pullbox as shown on the drawings.

1. Before setting, the Contractor shall place compacted crushed rock a minimum of 24 inches underneath manholes and a minimum of 12 inches underneath handholes and concrete pullboxes as a base, graded level to the elevation shown on the drawings, suitable to receive the manhole, handhole, or concrete pullbox.

2. The crushed rock shall conform to the requirements of Division 2 and shall be compacted and graded level at proper elevation to the conduit grade, as shown on the drawings.

H. When placing the sections of the manholes or handhole, joints shall be made watertight by application of a mastic or butyl seal in accordance with Section 03480.

1. The joint shall be cleaned and prepared per manufacturer’s recommendations prior to application of the joint sealant.

2. Joint sealant shall be installed per manufacturer’s recommendations and requirements. The tongue of the subsequent section shall compress sufficient sealant to complete the seal of the joints. The Contractor shall ensure sealant is not contaminated during application process by dirt or debris.

3. For appearance, the Contractor shall drypack joints and paint all inside joints with cement mortar, and shall brush off streaks of excess mortar caused by any overflow.

3.6 PREPARATION FOR PULLING IN CONDUCTORS
A. Crushed or deformed raceways shall not be used.

B. Traps in raceways shall be avoided where possible.

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concrete, dirt, or trash in raceways, boxes, fittings, and equipment.

D. During the course of construction care shall be taken to prevent the entrance of water in raceways, boxes, fittings, and equipment.

E. Raceways shall be entirely free of obstructions, or they shall be replaced.

F. Before introducing conductors or pull wires, each raceway shall be reamed, have burrs removed, and its interior shall be cleaned. A mandrel with a diameter approximately

0.25 inch less than the raceway inside diameter shall be pulled through the raceway, and a bristle brush shall then be pulled through the raceway to remove debris.

G. Immediately after installation, raceway ends shall be plugged or capped with watertight and dust tight seals until the time for pulling in conductors.

3.7 EMPTY RACEWAYS
A. Certain raceways will have no conductors pulled in as specified.

B. Tags shall be used to identify the origin and destination (manhole, handhole, equipment, pullbox, etc.) of each empty raceway at each end and at any intermediate pull point.

C. Where a raceway has been identified with a number in the Raceway Schedule, that name shall be used on the tag in lieu of origin and destination.

D. A mandrel with a diameter approximately 0.25 inch less than the raceway inside diameter shall be pulled through the raceway, and a bristle brush shall then be pulled through the raceway to remove debris.

E. A manufactured removable permanent cap shall be provided over each end of each empty raceway.

F. 1/4-inch nylon pull line shall be provided in each empty raceway.

END OF SECTION
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SECTION 16450 – GROUNDING
PART 1 – GENERAL

1.1 REFERENCES
A. General

1. The publications listed below form a part of this specification to the extent referenced.

B. National Fire Protection Association (NFPA)

1. NFPA 70, National Electrical Code (NEC)

1.2 SUBMITTALS
A. Product Data: Information shall be submitted for equipment and materials, including:

1. Grounding cable

2. Grounding connectors

3. Ground enhancement material (GEM)

4. Ground rods
B. Test Reports: Copies of reports of grounding system tests shall be submitted for inclusion in Operations and Maintenance Manuals.

PART 2 – PRODUCTS

2.1 GENERAL
A. Except where shown otherwise on the drawings, exposed noncurrent carrying metallic parts of electrical equipment, raceway systems, and the neutral of wiring systems shall be grounded in accordance with NEC and other applicable laws and regulations. Exposed non-electrical metallic equipment that can come in contact with electrical equipment due to close proximity shall also be grounded.

2.2 GROUND RODS
A. Ground rods shall be not less than 0.75 inch diameter, 10 feet long, copper clad steel.

2.3 GROUND CONDUCTORS
A. Grounding conductor size shall be as shown on the drawings and shall be stranded copper in accordance with Section 16120, Conductors.

2.4 GROUND CONNECTIONS
A. Below Grade or Surface Connections: Connectors shall be exothermic weld-type.

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B. Above Grade or Surface Connections: Connectors shall be exothermic weld-, compression , or brazed-type.

2.5 GROUND PLATES
A. Ground plates shall be made of cast bronze, and have a 4/0 stud for connection to the ground grid.

B. Ground plates shall be connected by exothermic welds to the ground grid.

C. An oxide-inhibiting compound with suspended copper particles shall be used on the threads of the ground plate and bolts for all connections.

2.6 GROUND ENHANCEMENT MATERIAL (GEM)
A. GEM in its set form shall have a resistivity of not more than 20 ohm-cm.

B. GEM must be permanent and maintenance-free (no recharging with salts or chemicals which may be corrosive) and maintain its earth resistance with time.

C. GEM shall set up firmly and not dissolve or decompose or otherwise pollute the soil or the local water table.

D. GEM shall be suitable for installation in dry form or in a slurry form.

E. GEM shall not depend on the continuous presence of water to maintain its conductivity.

F. GEM shall be manufactured by Erico Products, or equal.

PART 3 – EXECUTION

3.1 EQUIPMENT GROUNDING
A. All electrical equipment shall be grounded. In case of conflict between drawings, specifications and codes, the most stringent requirement shall be implemented.

B. Pull and junction boxes are required to be connected to the ground grid.

3.2 CONNECTIONS
A. Equipment

1. Grounding conductors for equipment shall be connected by a solderless terminal and a 5/16 inch, minimum, bolt tapped to the motor frame or equipment housing.

2. Paint, dirt, or other surface coverings shall be completely removed at the connection points of grounding conductors so that good metal-to-metal contact is made.

3. After grounding connections are made, areas around the connection point shall be prepared and the coating system repaired. Surfaces shall be restored to their original condition before the grounding connections are made.

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4. Junction boxes shall be connected to the equipment grounding system with 0.375 inch silicon-bronze machine screws.

5. All metal ladders shall be grounded with a No. 2 copper wire connected to the ground grid.

6. The minimum size ground connection of any materials or equipment to the grid shall be No. 2 AWG copper.

7. When a ground conductor emerges from a concrete slab or wall, the minimum size of the ground conductor shall be No. 2 AWG copper.

B. Grounding Systems

1. Unless shown otherwise on the drawings, connections of conductors to ground rods shall be at the upper end of the rod and the connection point shall be below finished grade. In each manhole and handhole, ground rods shall be installed with ends 4 to 6 inches above the floor, with connections of grounding conductors fully visible and accessible.

2. Below-Grade Grounding Connections
a. Below-grade grounding connections shall be installed in accordance with the manufacturer's printed recommendations.
b. Dirt shall be removed from the splice area, and care shall be taken to ensure that the conductors are clean and dry immediately prior to making the exothermic-weld connection.
c. After installation of conductors, the trench shall be backfilled with earth, with other low-resistivity backfill material, and, where specified or shown on the Drawings, with GEM. The backfilling shall be thoroughly compacted. Sand, gravel, or crushed rock shall not be used.

3. Exothermic Welding
a. The point of contact shall be wire-brushed or filed to a bare-metal surface. b. Exothermic-weld cartridges and molds shall be used in accordance with the manufacturer's printed recommendations. Molds showing normal wear shall be replaced after fifty uses. Molds showing excessive wear shall be replaced at the City Engineer’s discretion. The mold shall be cleaned between each use.
c. After the weld has cooled, slag shall be brushed from the weld area, and the joint shall be thoroughly cleaned.

4. Connectors
a. Homogeneous copper, anticorrosion, surface-treatment compound for compression connectors shall be used and in accordance with the connector manufacturer's printed recommendations.

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b. Connectors shall be the proper size for the conductors and ground rods specified.
c. Compression connections shall be installed in strict accordance with manufacturer's printed recommendations and using tools and dies of the proper size and type.

5. Intersections: Intersections of grounding cables shall be connected together.

6. Taps and ground rods shall be connected by separate connectors to the main ground mat.

3.3 CONDUCTORS
A. Conductors to equipment shall be neatly run along the face of concrete footings or structural steel, following surfaces closely to the point of connection. Conductors shall be supported and secured with cable fasteners at intervals no greater than 5 feet.

B. Conductors shall be bonded to metallic enclosures at each end and to intermediate metallic enclosures.

C. Grounding conductors shall be connected to grounding bushings on raceways.

D. Where equipment contains a ground bus, grounding conductors shall be extended and connected to that bus. The enclosure of the equipment containing the bus shall also be connected to the bus.

E. Expansion Fittings: To relieve shearing and pulling action at structural expansion joints, ground cable shall be run in expansion joint fitting.

F. Provide ground enhancement material around all direct buried copper grounding conductors.

3.4 GROUND RODS
A. Ground rods shall be installed as shown on the drawings and as follows:

1. For all ground rods the Contractor shall auger a hole 10.5 feet deep and at least 12 inches in diameter.

2. Ground rods shall be placed and supported centrally in the hole and shall be installed vertically.

3. Install ground enhancement material around each ground rod per GEM manufacturer’s installation instructions. GEM shall extend 6 inches in all directions around the ground rod surface. GEM shall extend from 8 inches below top of ground rod to bottom of ground rod.

3.5 GROUND WELLS
A. Ground wells shall be installed as shown on the drawings and per standard grounding details .

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3.6 GROUNDING GRIDS
A. Direct-Burial Grounding Grids

1. Direct-burial grounding grids shall be installed at a minimum depth of 30 inches below subgrade unless otherwise shown on the drawings.

2. Care shall be exercised at cable crossings to avoid damage to the cable.

Damaged cable shall be replaced with new cable.

3. #4/0 AWG bare copper ground cable shall be installed underground around buildings, structures, power equipment and control enclosures (PE&C), substation pads, or as shown on the drawings.

4. Direct buried grounding grid cables and ground rods shall be encased with GEM.

GEM shall be installed per manufacturer’s installation instructions with minimum coverage in accordance with dimensions called out on the drawings.

B. Metal conduits shall be bonded to the grounding grid.

C. Ductbanks

1. Ductbanks shall have a grounding conductor installed near the top of the ductbank encasement.

2. Ductbank grounding conductors shall connect to the main grounding grid system and to the ground rods in all manholes and handholes.

3.7 METALLIC ITEMS
A. The following metallic items shall be grounded:

1. Equipment platforms that support electrical equipment. The support shall be bonded to the electrical equipment.

2. Non-electrical metallic items in close proximity with the exposed electrical equipment shall be grounded.

3.8 EMBEDDED REBAR AND CONCRETE ENCASED ELECTRODES
A. Embedded rebar and concrete encased electrodes shall be tied to the ground loop by #4/0 cable using exothermic welds at each end of the cable.

B. Rebar used for this purpose shall be at least #4 size, and at least 20 feet in length.

The 20-foot length can be obtained by one of the following methods.

1. One solid 20-foot length of rebar.

2. Multiple pieces connected by either steel tie wire, exothermic welds, or welding to form a 20-foot length.

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horizontally in concrete that is in direct contact with the earth. Concrete with insulation, vapor barriers, water proofing, or other films between the concrete and the earth is not considered to be in direct contact with the earth.

3.9 FIELD QUALITY CONTROL
A. The City Engineer will inspect and approve each ground connection prior to backfilling.

B. Tests

1. The ground resistance of the grounding system shall be tested in the presence of the City Engineer. Testing of ground grid under medium voltage switchgear and above shall be performed prior to termination of utility power cables, with grid disconnected from the utility substation ground grid or service equipment.

2. Ground fault interrupter (GFI) receptacles and circuit breakers shall be tested for proper connection and operation with methods and instruments prescribed by the manufacturer.

3. Perform tests as required in accordance with Section 16960, Electrical Field Testing.

END OF SECTION
SECTION 16960 – ELECTRICAL FIELD TESTING
PART 1 – GENERAL

1.1 REFERENCES
A. The publications listed below form a part of this specification to the extent referenced.

In the event of a conflict between the text of this specification and the references cited herein, the text of this specification shall take precedence.

B. International Electrical Testing Association (NETA)
C. National Fire Protection Association (NFPA)
D. NFPA 70, National Electrical Code (NEC)

1.2 SUBMITTALS
A. Submit complete system test procedures for review. Test procedures shall include but not be limited to:

1. Detailed procedures in sufficient detail to verify conformance with these Specifications.

2. Detailed comprehensive testing schedule including:

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a. Each major piece of electrical distribution equipment. b. Each major electrical subsystem.
c. Duration of each test.
d. Milestone test completion date.
e. Date of test results submittals following completion of the tests. f. Names and qualifications of the individual(s) responsible for performing the testing, including a copy of current NETA Technician cards. g. Proof of NETA accreditation for the testing agency.
h. Proof of calibration on electrical testing equipment from a NETA accredited testing agency within the last 12 months.

3. Following completion of the test submit the completed test results to the City Engineer for review. The results shall include a dedicated section with the “asleft” settings of all devices, relays, circuit breakers, etc.

PART 2 – PRODUCTS

2.1 GENERAL
A. Upon completion of various phases of the project, electrical equipment and wiring and cabling systems shall be tested in accordance with these specifications.

B. All safety rules and precautions shall be followed.

C. The City Engineer reserves the right to witness all tests and shall be notified at least 5 days prior to testing.

D. All test results shall be recorded on the Test Record Sheets that are acceptable to the City Engineer. Test records shall be submitted to the City Engineer.

E. Electrical testing equipment nameplate and calibration stickers shall be readily visible. Testing equipment make, model, serial number, and calibration information shall be recorded on test record sheets.

F. The tests shall be documented on the Test Record Sheets. The checks and tests that are required shall include, but not be limited to the following:

1. Inspection test procedures as called out by the latest version of NETA Acceptance Testing Specifications for Electric Power Distribution Equipment and Systems.
a. Note that in absence of specified acceptance values within the body of this specification, the acceptance values specified in Section 10 of NETA Acceptance Testing Specifications for Electric Power Distribution Equipment and Systems shall be used.

2. Visually check all wire and cable connections
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3. Check all equipment for proper mechanical adjustment, freedom of operation, and clearances

4. Check grounding system

5. Special tests may be required on equipment if they are recommended by manufacturers.

G. Electrical equipment, wiring, and cabling systems shall be installed in accordance with specifications, NEC, and applicable state and local codes.

2.2 GROUNDING SYSTEMS
A. The earth resistance of each ground electrode shall be measured and recorded before electrodes are connected to the grounding loop. Electrodes in each ground loop shall be sufficient to give a ground loop (or ground grid) earth resistance of 5 ohms or less when connected. Ground loop electrode tests may be suspended upon achieving required loop resistance.

B. Earth resistance measurements shall be made by using “Megger” ground-tester in accordance with the manufacturer’s instructions.

C. The continuity of underground insulated ground loop conductors shall be verified with an ohm meter before making connections. Resistance to ground shall be measured with a 1,000-volt megger. Minimum resistance shall be 100 megohm.

D. All ground connections shall be inspected for tightness and to assure connections shown on construction drawings have been completed.

END OF SECTION
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SCE (Water and Gas) Specifications
SECTION 207 - PIPE
207-9 IRON PIPE AND FITTINGS
207-9.1 General. This subsection applies to ductile iron pipe for use in domestic water supply pipelines and distribution systems.
207-9.2 Cast Iron and Ductile Iron Pipe for Water and Other Liquids. 207-9.2.1 General. When reference to ANSI/AWWA Standards is made, the latest revisions apply.

Ductile iron pipe shall be designed in accordance with the contingent Standard ANSI/AWWA C150/A21.50 and shall be manufactured, inspected, and tested in accordance with the contingent Standard ANSI/AWWA C151/A21.51 and these Special Provisions. Unless otherwise noted on the plans, the minimum thickness for ductile iron pipe shall be Class 52. The Contractor may substitute a higher than specified thickness or an equivalent pressure class of ductile iron pipe.

All Ductile iron pipe used for below ground installations shall be push on joint type and shall be encased in polyethylene sleeve and double cement lined as specified herein, unless otherwise indicated on the plans or in these Specifications.
207-9.2.2 Pipe Joints.

Subsection 207-9.2.2 is supplemented as follows:

Ductile iron or cast-iron pipe shall have bell and spigot joints with Grip-Tite pipe gaskets, or approved equivalent. All other ductile iron or cast-iron pipe shall have flanged joints, unless flexible couplings or other type of joints are specifically indicated on the Plans or specified.

Mechanical pipe joints and mechanical coupling assemblies are not allowed unless specifically approved by the Engineer. All pipe joints for joining pipes of dissimilar metals shall be electrically insulated.
207-9.2.2.1 Restrained Joints
All joints shall be restrained, joints shall be restrained with “TR -Flex” restrained joint pipe as manufactured by U.S. Pipe or approved equivalent. The restrained joint shall be a boltless restrained push-on joint design and shall contain a positive axial locking restrained system and be capable of deflection after assembly. Restraint of field cut pipe by using U.S. Pipe’s “TR Flex Gripper Ring” or Approved Equivalent will be permitted as long as the “TR Flex” pipe field weldments are not required. Any restrained joint fitting which will require a pipe field weldment will not be permitted. Restraint of field cut pipe shall be kept to a minimum.
207-9.2.4 Lining and Coating.

Ductile iron pipe and fittings shall be double cement lined, (two thicknesses), with a bituminous seal coat in accordance with ANSI/AWWA C104/A21.4.
207-9.2.5 Inspection and Certification.

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Subsection 207-9.2.5 is hereby supplemented as follows:

The manufacturer shall submit a sworn statement that the pipe furnished has been sampled, tested and inspected in accordance with these specifications and that the results thereof comply with the requirements of this specification prior to shipment of pipe. 207-9.2.6 Polyethylene Encasement for External Corrosion Protection Subsection 207-9.2.6 is amended as follows:

Polyethylene encasement for the protection of ductile and cast iron pipes, fittings, valves and appurtenances shall be furnished and installed in accordance with the requirements of ANSI A21.5 (AWWA C105), Installation Method A, using polyethylene tube for straight pipe and flat sheets for fittings and at valves and other appurtenances. Two layers of polyethylene tube or sheets shall be installed in accordance with Installation Method A.

The polyethylene encasement shall be taped and secured with general purpose chloride tape two (2) inches wide. The tape shall be Scotchrap 50, Pluoflex No. 340, Protecto Wrap No. 200, Polyhen 900, or approved equal.
207-9.2.7 Bolts. Bolts shall conform to the requirements of the “Specifications for Steel Machine Bolts and Nuts and Tape Bolts,” Grade B (ASTM Designation A-307). Bolts shall have a minimum tensile strength of 55,000 psi. All bolts and nuts shall be hot-dip galvanized per ASTM A-153, Class C, not cadmium plated, or stainless steel, except the bolts in conjunction with ductile iron follower joints shall be low alloy nickel. Minimum bolt lengths shall be the sum of the mating flange thicknesses, the gasket, and the depth of the nut plus 1/8" before torquing. Break-off bolts shall have a hole drilled in the shank with the dimensions of 11/32-inch (for 5/8-inch bolts) and 13/32- inch (for 3/4-inch bolts) and 2 3/8-inch deep and shall be supplied filled with silicone. 207-10.5 Steel Casing Pipe
207-10.5.1 General. The 16-inch diameter steel casing pipe for crossing under storm drain shall have minimum wall thickness of 1/4-inch. The casing pipes shall comply with the minimum requirements of ASTM A53, A135, or A139, Gr. A. The Contractor shall be responsible for all cutting and welding of the casing pipe for the project. 207-25 PIPE APPURTENANCES
207-25.1 General. Unless otherwise specified, all pipe appurtenances shall comply with the specifications herein and the appropriate Standard Drawings.
207-25.2 Main Line Valves
207-25.2.1 General. All valves shall be iron-body, non-rising stem, resilient wedge type as shown on the plans. All valves shall open by turning the wrench nut counterclockwise.

All valves shall be equipped with O-ring stem seals and shall have mechanical joints, flanged ends, or a combination of both.
207-25.2.2 Gate Valves
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207-25.2.2.1 Resilient-Seated Gate Valves. Resilient-seated gate valves shall conform to the latest revision of AWWA C-509 and the following:

A. Resilient-seated gate valves shall be iron bodied with all bronze internal mountings and working parts. Valve stems shall contain no more than five percent zinc and two percent aluminum.

B. Resilient-seated gate valves shall have non-rising stems, two O-rings sealed above the thrust collar, with a two-inch square operating nut, opening counterclockwise, and shall be designed for 200 psi working water pressure.

C. Resilient-seated gate valves shall have sizes and type of ends as shown on the Plans or Standard Drawings.

D. Resilient-seated gate valve suppliers shall furnish SCE with an Affidavit of Compliance to AWWA C-509.

E. Resilient-seated gate valves shall have their internal surface epoxy coated, except stainless steel, and rubber surface with epoxy applied by the manufacturer of the valve.

Resilient seat gate valves shall be manufactured by one of the following or an approved equal as determined by the Engineer:

1. Metroseal

2. Clow Corporation

3. American Darling

4. U.S. Pipe

5. Dresser

6. Waterous Series 500

7. Mueller

8. M & H
207-25.3 Main Line Pipe Fittings
207-25.3.1 General. Cast and ductile iron fittings shall have a minimum pressure rating of 350 psi for “push-on” pipe, and 250 psi for flanged fittings as required for the installation, and shall be manufactured per ANSI/AWWA C110/A21.10 (long body), or, as an option, AWWA C-153 (short body).

A. Joint Type - "Push-on" joint type per ANSI/AWWA C111/A21.11 unless otherwise specified.

Mechanical joint fittings may be permitted by the Engineer in certain applications dependent upon isolated conditions and in accordance with ANSI/AWWA C110/A21.10. In order to expedite or facilitate the work, the Contractor may use as an option, mechanical joint restraints for ductile pipe, Megalug or approved equal.

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B. All fittings shall be protected with polyethylene tubing.

C. Certification of Conformance and copies of all test reports. 207-25.3.2 Flexible Couplings. When shown on the plans or permitted by the Engineer, flexible couplings shall conform to the following:

A. Each coupling shall consist of one steel middle ring, two steel followers, gaskets, and sufficient numbers of stainless steel bolts to compress the gasket without distorting the followers. The center ring length shall be a minimum of 10" long.

B. The thickness of the middle ring shall be such that the stress in the steel shall not exceed 50 percent of the yield point when subjected to the hydrostatic test pressure of the pipeline.

The middle ring thickness shall not be less than the thickness of the pipe jointed.

C. Middle rings shall be cold expanded a minimum of one percent increase in diameter to test the weld and the size of the proper dimension.

D. The middle rings shall be coated with Keysite 740 or approved coating to a minimum dry film thickness of 10 mils. Follower rings shall be coated with a compatible shop coat for field coating.

E. Bolts shall be 5/8-inch diameter carriage bolts with hexagon nuts. The steel shall have a minimum yield strength of 40,000 psi. Bolts and nuts shall be stainless steel.

F. Buried couplings shall be coated with fusion bonded epoxy and provided with Type 316 stainless steel bolts and nuts.

G. Flexible couplings shall be:

1. Baker Series 236 or 240

2. Dresser

3. Rockwell 441 or R441

4. Ford

5. Romac Industries, Inc., 501 or RC 501
207-25.3.3 Flanges. Unless otherwise specified, flanges for steel fittings shall conform to the following:

A. Flange size 4 inches through 24 inches shall comply with AWWA C-207, 150 psi primary service rating, 10" high-pressure flanges shall be rated to 250 psi.

B. Flange sizes 30 inches through 96 inches shall comply with AWWA C-207, Class D, 150 psi.

C. Flange sizes 4 inches through 96 inches shall be furnished in the steel slip-on welding pattern.

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D. Flanges shall be faced smooth or may have a serrated finish of approximately 32 serrations per inch, approximately 1/64 inch deep. Serrations may be spiral or concentric.

E. Plate or blind flanges shall have all flange faces machined flat and shall be center drilled and tapped one inch I.P.T., four inch through 10 inch; two inch I.P.T. 12 inch and larger; and furnished with a standard square head pipe plug.

F. Final machining on the contact faces of all flanges shall be done prior to being welded to the full length adjacent steel plate section. Flange faces shall be checked with a straight edge and shall be perpendicular to the pipeline. All warped flanges will be returned to the pipe company for adjustment. Contractor to be responsible for all additional expenses and delays.
207-25.3.4 Gaskets. Where gaskets are to be furnished, they shall be 1/8 inch minimum thickness, cloth inserted rubber, or granite full-face gaskets meeting Federal Specification HHP-151. Flanges for ductile-iron, all sizes, shall be rated at 250 psi. 207-25.3.5 Insulation Gaskets. Unless otherwise specified or approved by the Engineer, insulation gaskets shall conform to the following.

A. The insulation gasket shall fit between the flanges
B. Insulation gaskets shall be full pattern, fabric-reinforced phenolic, neoprene face, 1/8 inch thick.

C. The gasket shall have the following minimum physical characteristics:

1. compression strength . . . . . . . . . . . . . . . . . . 24,000 psi

2. dielectric strength . . . . . . . . . . . . . . . . . . . . . 500 V/Mil

3. operating temperature . . . . . . . . . . . . . . . . . up to 175-F

4. water absorption . . . . . . . . . . . . . . . . . . . . . . 1.6 percent D. A Mylar sleeve and double phenolic washers shall be used for each bolt or cap screw, EN-DW kit or approved equal. The one-piece sleeve and washers shall have the following physical characteristics:

1. sleeve thickness . . . . . . . . . . . . . . . . . . . . . . 1/32 inch

2. washer thickness . . . . . . . . . . . . . . . . . . . . . 5/32 inch

3. dielectric strength . . . . . . . . . . . . . . . . . . . . . 1200 V/Mil

4. operating temperature . . . . . . . . . . . . . . . . . . Up to 175-F

5. water absorption . . . . . . . . . . . . . . . . . . . . . . 0.22 % maximum E. Flange insulation kits shall be:

1. PSI Products, Inc., Burbank, California
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2. Central Plastics Company, Shawnie, Oklahoma

3. CALPICO, Inc., San Francisco, California
207-25.3.6 Flanged Coupling Adapters.

A. Each adapter shall consist of an adapter flange body, follower flange, wedge gasket, and sufficient bolts to compress the gasket without distorting the follower.

B. Adapter flange and follower shall be constructed of steel or ductile iron. Ductile iron adapters shall meet or exceed ASTM A536, grade 65-45-12. The flange bolt dimensions shall meet AWWA C207 for a Class "D" flange.

C. Gasket shall be composed of a rubber base meeting, or exceeding, ASTM D2000 3 BA 715 and suitable for use in potable water supply systems.

D. Nuts and bolts shall conform with requirements of AWWA C111, and the above flexible coupling requirements listed in 207-25.3.2.

E. Adapter flange and follower shall be painted with a factory applied shop coat

1. Approved Manufacturers and Models:
a. Baker Series 601
b. Smith-Blair 912, 913, and 914
c. Ford Style FFCA
d. Romac FCA 501
e. Approved Equivalent
207-25.4 Copper Pipe, Fittings, and Connection to Existing Water Meters. When copper pipe is to be furnished, the pipe shall be seamless annealed copper tube and shall conform to ASTM B-88, Type K. No splicing of tubing will be permitted unless otherwise approved by the Engineer.

All fittings shall be compression bronze and shall be Mueller 110, Ford Grip Joint Coupling, James Jones or approved equal.

Copper service lines shall be installed at the locations shown on the plans in accordance with the details of SCE Standards No. W-4 and W-5. On the customer side of the existing meter, the Contractor shall provide and install either a James Jones Model J-1908 ball valve with lever or a 1" Mueller Mark II Oriseal curb and meter valve with lever handle.
207-25.6 Thrust Blocks and Anchor Blocks. Concrete thrust and anchor blocks shall be installed at the location and in accordance with the positions and dimensions shown on Southern CA Edison Standard Drawings Nos. W-2 and W-3. The Engineer may require any change in direction, location or dimension to accommodate field conditions, conflicts, or soil conditions which may arise.

Galvanized steel rod tie-downs (minimum 3/4") are required in certain anchor block conditions such as vertical offsets as directed by the Engineer.

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207-25.7 Coating. All exposed buried ferrous metal appurtenances in contact with soil or ground water, including pipe, flanges, nuts, bolts and valves, etc., shall be coated with 3M brand "Scotchclad PC-244" protective coating or approved equal.
207-25.8 Tracer Wire for Non-Metallic Pipelines. Copper tracer wire shall be installed with all non-metallic pipelines just below the horizontal centerline of the pipe for the purpose of providing a continuous signal path for electronic pipe locators used to determine pipe alignment after installation. The copper wire shall be #12 with HMWPE insulation. The wire shall be electrically continuous throughout the entire piping system, including adjacent service line assemblies. At service lines, the wire shall be extended up the bury and secured by a cable lug under the top nut of one set of breakaway bolts. At cul-de-sacs, the wire shall be placed in the same trench with the last long side service lateral and extended into the meter box.

All splices shall be wrapped with PVC tape and the wire shall be tied to the pipe at 10 foot intervals with plastic adhesive tape. The Engineer will perform the initial electrical continuity test at no expense to the Contractor. All subsequent testing required due to failure of the tracer wire to be electrically continuous shall be at the expense of the Contractor.
207-25.10 Valve Boxes. Valve boxes shall be cast iron, slip adjustment type of appropriate size for valve and shall be Alhambra No. A-3009 or approved equal. Each valve box cover shall have "SFS Water" cast in the top using sharp-faced letters of one inch (1") minimum height. No markings or lettering in addition to this requirement will be allowed on the valve box cover. Valve box and cover sets shall conform to Southern California Edison Standard No. W-1 and any other utility owner’s standards, if applicable. 207-25.13.2 Service Saddles (Service Clamps). Saddles shall be all bronze double strap type, with neoprene seal ring gasket.

Approved Manufacturers and Models:

Ford Jones Mueller Cambridge R.H. Baker Smith-Blair
202B J-979 BR 2 B 0474
IP
810
183-413 TAP
thru
189-1426
TAP
323-0510
thru
323-1426
BR 2 B 0684
IP
BR 2 B 0899
IP
BR 2 B 1104
IP
BR 2 B 1314
IP
207-25.14 Meter Boxes. Meter boxes shall be provided for 5/8-inch through 2-inch water meters per standard drawings W-4 and W-5.

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207-25.14.1 Approved Manufacturers and Models. Meter boxes provided shall be one of the following models. Many other manufacturers are readily available. Any substitution must be approved by the Engineer and shall be of the same size and description as those specified below:

A. 3/4" and 1" Meters:

1. ARMORCAST
No. 37 (Polymer Concrete Cover)

2. CARSON INDUSTRIES
1017 (Plastic Box and Cover with Reading Lid)

3. J & R CONCRETE PRODUCTS
No. 4 ½ (Polymer-Water Meter Box Series)
B. 1-1/2" and 2" Meters:

1. ARMORCAST
No. 65 (Polymer Concrete Cover)

2. J & R CONCRETE PRODUCTS
No. 5 ½ (Polymer-Water Meter Box Series)
SECTION 299 CONSTRUCTION MATERIAL SUBSTITUTION
299-1 SUBSTITUTION REQUIREMENTS
A. No construction submittal is required if contractor chooses to use product specified in the project plans or specifications.

B. If the contractor elects to substitute and “or-equal” product in lieu of specified product, Contractor shall submit a formal construction material submittal to owner for review and approval.

SECTION 301 TREATED SOIL, SUBGRADE PREPARATION AND PLANTING OF BASE MATERIAL 301-1.8 ADJUSTING EXISTING WATER VALVE BOXES AND COVERS TO GRADE The Contractor shall lower all water valves cans, prior to cold milling. The Contractor shall mark all frames and covers to ensure correct pairing or matching. The Contractor shall adjust all water valve cans to grade no longer than five days after the completion of cap paving. Water valve boxes and covers within areas to be paved or graded shall be adjusted to finish grade by the Contractor unless shown otherwise on the plans.

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The Contractor shall adjust all the various boxes and covers to grade as shown on the plans and/or encountered within construction areas. Water valve boxes and covers shall be adjusted to grade in accordance with SCE Standard Plan W-1 and any other utility owner’s standards, if applicable.

Full compensation for conforming to the requirements of adjusting water valve to grade will be made at the contract unit price bid per each water valve adjusted to grade. The contract unit price bid shall include full payment for all labor, materials and equipment necessary to complete the work including paving around each water valve.

SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION
306-1.2 Installation of Pipe.
306-1.2.1 Bedding.

Subsection 306-1.2.1 is hereby supplemented with the following:

Bedding shall be placed in accordance with Los Angeles County Department of Public Works Standard Plan 3080-2 (Case 2), Section 306-1.2.1 of the Standard Specifications, and these specifications unless shown otherwise on the plans or ordered by the Engineer. Bedding shall be imported sand unless otherwise indicated on the plans or these specifications. After placement of the pipe, bedding shall be compacted as specified in section 306-1.3.6.

Bedding shall be classified into the following types:

A. Normal Bedding
Normal bedding shall be considered as placement of the native material provided that the sand equivalent of the native material is not less than 30.

B. Sand Bedding
Sand bedding will be required where the native material has a sand equivalent less than 30.

The sand shall have a sand equivalent greater than 30 and shall be placed full trench width to a depth not less than one foot above the pipe, measured after the sand has been jetted and/or compacted. Natural sand must be free from organic matter, loam, or other substances detrimental to its use for the purpose of producing compacted backfill of the specified densities.

C. Crushed Rock
Crushed rock bedding shall be placed, when in the opinion of the engineer, the ground is insufficiently stable to support the pipe or structure. Rock bedding shall consist of sound crushed rock which will pass through a vibrating screen having a 2 1/2 inch square opening and not more than seven percent (7%) of which will pass through a screen having a oneinch square opening. It shall be carefully placed and sufficiently compacted by tamping or otherwise in a manner satisfactory to the Engineer so as to support without settlement of the pipe or structure placed upon it. The required depth below the required grade of the bottom of the pipe or structure and to such line will be ordered by the Engineer.

The fourth and fifth sentence in paragraph three in Subsection 306-1.2.1 is amended as follows:

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Bedding shall be densified by hand or mechanical means prior to backfilling. The densification method shall provide a uniformly compacted embedment of the pipe. 306-1.2.2 Pipe Laying.

Subsection 306-1.2.2 is hereby supplemented as follows:

Unless otherwise specified, all pipe shall be transported, handled and installed in strict accordance with the manufacturer's recommendations and these provisions.

Ductile iron pipe shall be installed in accordance with the recommended procedures in the booklet, "A Guide for the Installation of Ductile Iron Pipe," published by the Ductile Iron Pipe Research Association, Section 306-1.2 of the Standard Specifications, and as directed by the Engineer.

Impact-type equipment (stompers), however, will not be permitted over the pipe. In order to satisfy pipe deflection criteria on curves, the contractor will be required to provide shorter than standard length pipe sections in accordance with the pipeline curve geometry formula in above booklet (if shorter lengths are not specified on plans). Shop drawings will also be required and shall be approved by the Engineer.

In order to facilitate the installation of pipe in the vicinity of utility and oil pipeline conflicts, the contractor will be permitted to install shorter than standard length pipe sections. The plans indicate a minimum cover for the installation of the waterline. Due to the nature of underground utilities, pipelines and obstructions, it is understood that cover can vary to accommodate such interferences. Should significant changes in vertical or horizontal alignment become necessary as directed by the Engineer, the Contractor will be entitled to an adjustment of compensation for additional fittings, thrust blocks, sand-cement slurry backfill, and significant depth changes.

Immediately upon installing a pipe section, but no later than the end of each work day, or whenever the work ceases, the end of pipe shall be securely sealed or closed as directed by the Engineer to prevent contamination.

No pipe end or join point shall ever be left open. The Contractor shall provide a sump area and pumps to prevent newly placed and existing pipeline from being contaminated with mud or dirty water.
306-1.2.6 Field Jointing of Ductile Iron Pipe.

A. General.

Subsection 306-1.2.6(A) is hereby amended to read as follows:

The type of joint to be used shall be as indicated on the plans or in the specifications and shall conform to the latest edition of AWWA C111 or C115. In assembling a flanged or mechanical joint, the Contractor shall align the flanges and draw up the flange bolts evenly so that no portion of the assembly will become prestressed.

All nut and bolt threads shall be lubricated with an oil and graphite product such as "No-OxId-Grease" or "Never-Seize" prior to installation. 306-1.2.14 Flexible Coupling.

Subsection 306-1.2.14 is hereby added as follows:

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Flexible couplings shall be installed according to the following:

A. Clean each pipe end for a distance of six to eight inches. Remove oil, dirt, loose scale and rust so that the gaskets will seat on the pipe barrel to provide a positive seal. Wire brushes or non-oily rags may be used, depending on the condition of pipe ends.

B. Slip the follower rings over the pipe ends and slide them back over the cleaned area.

C. Wipe the gaskets clean, immerse them in soapy water or approved gasket lubricant, and slide them over the pipe ends.

D. Clean the coupling middle ring, paying particular attention to flare on the ends where the gasket will seat. Slip the middle ring entirely over one end of the pipe.

E. Position the end of the pipe to be joined to the other pipe such that a half-inch gap is maintained between pipes. Center the coupling middle ring over the gap.

F. Lubricate the pipe and the flares of the middle ring with soapy water or gasket lubricant. Slide the gaskets and followers into place making sure the gaskets are pushed under the middle ring flare all the way around.

G. Insert the bolts. Nuts should be run on with the rounded or chamfered edge toward the follower ring.

H. Wrenching shall be done progressively, drawing up the bolts on opposite side of a little at a time and returning to retighten until all bolts have a uniform tightness.

During wrenching, the contractor shall strike the follower rings with a hammer periodically to make sure it is seating properly.

I. Torque application shall be in accordance with the manufacturer's recommendations.
306-1.2.15 Field Jointing of Steel Pipe.

Subsection 306-1.2.15 is hereby added as follows:

Field-welded joints shall conform to the Standard Drawings and the latest edition of AWWA C206. 306-1.2.16 Connections to Existing Water Main Facilities.

Subsection 306-1.2.16 is hereby added as follows:

All connections shall be made by the Contractor unless otherwise shown on the plans or specified herein. The Contractor shall give the Agency a minimum of two working days notice before the time of any proposed shutdown of existing mains or services. Connections shall be made only in the presence of the Agency Inspector, and no connection work shall proceed until the Agency has given notice to proceed. The Contractor shall furnish all pipe and materials, including furnishing all labor and equipment necessary to make the connections, all required excavation, backfill, pavement replacement, lights, and barricades, and he may be required to include a water truck, highline hose, and fittings as part of his equipment for making the connections. Standby equipment or materials may be required by the Agency to facilitate connections to existing facilities.

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Where connections are made to existing valves, the Contractor shall furnish and install all temporary blocking, steel clamps, shackles, and anchors as required by the Agency, and shall replace the valve well and cover and adjust the valve cover to the proper grade in accordance with the Standard Drawings if needed.

The Southern California Edison Water Division will operate all existing water valves. The Contractor will dewater existing mains, as required, in the presence of the Agency, and dispose excess water to the nearest catch basin. Water used for flushing or dewatering shall not be allowed in the gutter. All valves, existing or newly installed, shall be readily accessible at all times to the Agency for emergency operation.

The Agency may postpone or reschedule any shutdown operation if for any reason he feels that the Contractor is improperly prepared with competent personnel, equipment, or materials to proceed with the connection work. If progress is inadequate during the connection operations to complete the connection in the time specified, SCE shall order necessary corrective measures. All costs for corrective measures shall be paid by the Contractor. The Contractor shall be responsible for determining in advance the grade of all existing pipelines to which connections are to be made.

Connections shall be made with as little change as possible in the grade of the new main. If the grade of the existing pipe is below that of the new pipeline, sufficient lengths of the new line shall be deepened so as to prevent the creation of any high spot or abrupt changes in grade. The new line shall be laid at specified depth, except for the first joint adjacent to the connection, which shall be deflected as necessary to meet the grade of the existing pipe. If sufficient change in direction cannot be obtained by the limited deflection of the first joint, a fitting of the proper angle shall be installed. Where the connection creates a high or low spot in the line, a standard air release or blow-off assembly shall be installed as directed by the Engineer.

At the location or locations where the water main is to cross an existing street, the contractor shall trench the entire street to verify the details as shown on the plans and determine if conflicts with other facilities occurs, prior to the installation of any pipe.

The Engineer has the right to modify the details of the crossing(s) as deemed necessary by the Engineer.

In no event shall the new pipelines be connected to existing facilities until the new pipelines have been successfully pressure tested, disinfected, and passed bacteriological testing by SCE approved lab.

The Agency does not warranty the condition of existing facilities. It is the Contractor's sole responsibility to provide acceptable pressure testing at the new installation.

At locations where hot tapping the existing water main is specified or required by the Engineer, the Contractor shall provide and install a Mueller H-619 mechanical joint tapping sleeve (or approved equal) on ACP water main at the location as shown on the plans or as directed by the Engineer.

The type of hot tap or gate valve shall be submitted to the Engineer for approval.

On steel water mains, the Contractor shall provide and install pad and nozzle, tapping sleeve or special sleeve as directed or approved by the Engineer, and all fittings, tools, equipment, materials, joint materials, blocking, galvanized bolts, gaskets, gate or tapping valve, hot tapping and all incidentals, including valve box and cover to hot tap existing steel water mains at the location as shown on the plans. If required by the Engineer, the Contractor shall repair the mortar lining inside the steel water main.

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306-1.2.17 Connections to Existing Water Meters.

Subsection 306-1.2.17 is hereby added as follows:

Extreme care shall be exercised by the Contractor when installing the ball valve on the customer side of the water meter, as many customer services are in deteriorated condition. The Contractor shall protect existing customer service lines and perform minor restorations, if needed, to restore proper service.

Existing meter boxes shall be protected by the Contractor at all times during the installation of the services. Any meter boxes damaged or destroyed by the Contractor shall be replaced to the satisfaction of the Engineer by and at the expense of the Contractor.

At the time the Contractor removes the water meter to install the ball valve, the SCE Water Section may substitute a new or re-conditioned meter in its place. The Agency inspector will continue to coordinate this work with the Contractor.

New water meters and service connection, complete in place, is included in the respective bid item(s) for copper service.

Prior to disconnecting domestic water meters, the Contractor shall check for electrical grounding with a meter or appropriate equipment, and notify the Engineer of any electrical discontinuity should such a condition exist. The Contractor shall not disconnect domestic services from the existing steel water main until the problem is resolved by the Southern California Edison Company and as directed by the Engineer.
306-1.3 Backfill and Densification.
306-1.3.1 General.

Subsection 306-1.3.1 is hereby supplemented as follows:

Internal pipe bracing or shoring shall not be removed until the backfill is compacted to the specified requirement. If the backfill is densified with water, the bracing shall not be removed until the backfill has settled and dried.
306-1.3.2 Mechanically Compacted Backfill.

Subsection 306-1.3.2 is hereby modified as follows:

Impact, free-fall, or "stomping" equipment will not be allowed unless otherwise approved by the Engineer.
306-1.3.3 Water Densified Backfill.

Subsection 306-1.3.3 is hereby replaced as follows:

Water Densified Backfill shall not be allowed for the project. 306-1.3.5 Jetted Bedding and Backfill Compaction Requirements.

Subsection 306-1.3.5 is hereby superseded with the following:

Jetted Bedding and Backfill Compaction shall not be allowed for the project.

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Subsection 306-1.3.6 is hereby superseded with the following:

Except as specified otherwise, mechanically compacted trench backfill shall be densified to the following minimum relative compaction:
a) 90 percent Relative Compaction:
1) Within the existing or future traveled way, shoulders, and other paved areas (or areas to receive pavement).
2) Within engineered embankments.
3) Where lateral support is required for existing or proposed structures. 4) Outside the traveled way and other paved areas (or areas to receive pavement).
5) Under Sidewalks.
b) 95 percent Relative Compaction:
1) In the bedding zone as required by section 306-1.2.1 2) Subgrade as required by 301-1.3
3) 1 foot above the top of pipe within the boring and receiving pits. 306-1.4 Testing Pipelines for Leakage and Pressure.
306-1.4.1 General.

Subsection 306-1.4.1 is hereby supplemented as follows:

The test pressure shall be the pipe pressure classification plus 50 psi as measured at the lowest elevation of the water main under test or as directed by the Engineer. No water pipeline shall be tested at less than the pressure classification or designation of the pipe. No pipeline shall be tested at less than 200 psi pressure.
306-1.4.5 Water Pressure Test.

Subsection 306-1.4.5 is hereby supplemented as follows:

C = 0.25 for PVC pipe with rubber ring or elastomeric gasket joints.

C = 0.50 for ductile iron pipe.

Prior to testing, the pipelines shall be flushed as specified hereinafter.

All flushing and disinfection shall be made in the presence of the Engineer or his representative.

The Contractor shall notify the engineer not less than twenty-four (24) hours in advance of the actual time of flushing so that the Engineer may observe the procedure.

When the pressure test, leakage test, chlorination or bacteriological test fail to meet the requirements of the specifications, the Contractor shall make necessary repairs, replacements, or repetition of procedures to conform to the specified requirements at his own expense.

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The Contractor shall have all flanged joints at valves or special fittings exposed for visual inspection during the pressure test if requested by the Engineer. After the pipeline has successfully met the pressure and leakage test requirements, the pipeline and appurtenances shall remain filled and so maintained until accepted for use by the Agency.

All blow-offs, combination air valves, services and appurtenant facilities shall be tested with the main line pipe.

Before testing, the backfill material shall have been compacted to the required compaction to the ground surface. All concrete anchor and thrust blocks shall be allowed to cure sufficient time to develop adequate resistance to thrust developed during testing (minimum three days).

The Contractor takes all responsibility for locating leaks and repairing damage to the pipe bedding, backfill and pavement section resulting from leaks discovered during the pressure test or subsequent pipe failures.

All noticeable leaks shall be stopped regardless of the results of the test and all defective pipe, fittings, valves and other accessories discovered in consequence of the test shall be removed and replaced. Repair clamps of any kind or type shall not be allowed.

The pump, pipe connection, measuring devices, gauges and all other equipment, labor and materials required for performing the leakage test shall be furnished by Contractor. The Engineer may, however, use Agency’s measuring device in place of Contractor’s equipment. In case of a difference in the measured leakage rate between the measuring devices, the Agency’s measured leakage shall govern.

The test pressure shall be applied by means of a pump connected to the pipeline in a manner approved by the Engineer.

The pressure test shall be maintained on the test section not less than four (4) hours. Whenever test pressure falls an amount of 5 psi, it shall be restored. The Contractor may at his convenience conduct a preliminary pressure test at any time prior to the specified pressure test. The results of the preliminary test will not be considered by the Agency except for information only.

The amount of water main footage to be tested at one time shall be determined by the Engineer.

The leakage test shall be held concurrently with the pressure test.

Each section of the water main to be tested shall be slowly filled with water from the nearest source by means approved by the Engineer and as specified in section 306.1.4.9. The pipelines shall be filled with water and placed under a light pressure for at least twenty-four (24) hours before the pressure test.

All air shall be vented from all high points in the water main before making any pressure test. If outlets are not available, taps shall be made at the high points to expel the air by the Contractor at his own expense. These taps shall be capped after testing.

All valves shall be tested for leak proof tightness after the mainline pressure test with the test pressure on one side of the valve and atmospheric pressure on the other side. 306.1.4.7 Flushing and Disinfection.
306-1.4.7(A) General.

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Prior to acceptance of the lines by the Agency, the Contractor shall furnish all labor, equipment, material and water for the proper cleaning and disinfection of the pipelines.

Disinfection shall be accomplished by chlorination of the pipelines and appurtenances after passing the pressure and leakage tests. AWWA Specification No. C651, Disinfecting Water Mains, and the following specific requirements shall govern such disinfection procedures.

Service saddles with corporation stops in accordance with SCE Standard Drawings No. W4 and W-5 shall be installed on the line approximately every 500 ft. as directed by the Engineer for bacteria sampling and testing. Testing from a device bolted to the top of fire hydrant buries, and from blow-offs and copper services will also be permitted. Testing directly from hydrants will not be permitted.

Generally, the water main shall be constructed short of proposed join location for testing, disinfection, and flushing purposes. At these locations, the Contractor shall install a Rockwell #481 pipe end cap or approved equal, with a 2" standard outlet for draining and flushing purposes.

All flushing and disinfection shall be made in the presence of the Engineer or his representative. The Contractor shall notify the Engineer not less than twenty-four (24) hours in advance of the actual time of flushing so that the Engineer may observe the procedure. When the pressure test, leakage test, chlorination or bacteriological test fail to meet the requirements of the specifications, the Contractor shall make necessary repairs, replacements or repetition of procedures to conform to the specified requirements at his own expense.
306-1.4.7(B) Flushing.

The new mains shall be flushed prior to chlorination or as directed by the Engineer. The flushing velocity to be obtained for pipes shall not be less than 2.0 ft./sec.

The Contractor shall make all arrangements as necessary to provide the required flow to obtain the minimum velocity with a 40 psi residual pressure. The Contractor shall take due precaution in providing for adequate drainage from the site. The minimum volume of water to be flushed, at required velocity, shall not be less than the 1.5 times volume of the pipeline from the point of filling to the point of blow-off.

It is the responsibility of the Contractor to remove the flushing water or the chlorinated water from the project area. Flushing water shall be discharged to the nearest catch basin, and shall not be allowed to run in the gutter or street. The Contractor shall de-chlorinate the water by chemical addition, exposure to sunlight or by other means prior to disposal into the storm drain system. The Contractor is responsible for any damage as a result of flushing operations.
306-1.4.7(C) Chlorination.

Disinfection shall be done after the pressure and leakage tests have been performed and accepted. Chlorine used for disinfection shall be liquid chlorine (gas at atmospheric pressure). Tablets may be used with prior approval of the Engineer. When liquid chlorine is used, the method of application and precautions outlined in Section 5.2, 5.3, 6.1, and 6.2 of AWWA C-651 shall be followed, except as may be modified by the Engineer.

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Chlorine shall be applied by the continuous feed method as outlined in Section 5.2 of AWWA C-651, except as may be modified by the Engineer.

A chlorinating gas-water solution shall be injected into the pipeline at the beginning of the test section through a chlorination outlet, blow-off, or air valve by the means of a gas solution feeder chlorinator in combination with a booster pump, thus insuring treatment of the entire line. The gas-water solution shall be fed slowly into the new line to produce an initial minimum dosage of 50 ppm and a residual of not less than 25 ppm in all water within the pipeline after a 24-hour period.

During chlorination the combination air valves will be removed, and the riser pipe capped after being filled with chlorinated water. Before reinstalling, the air valves will be sterilized with a five percent hypochlorite disinfecting solution. The air valves are to be reinstalled after chlorination, but prior to the sanitary sampling.

Water used to convey the chlorine solution throughout the water main shall be obtained from the existing distribution system. The rate of flow shall be so controlled that water will flow slowly into the undisinfected main during the application of chlorine.

The end of the main being chlorinated shall be kept open and running during the application of chlorine and until the desired concentration is reached, after which each fire hydrant (if any), or any other connection to the water main shall be individually opened and flushed with the chlorine solution. After the water main and all appurtenances thereto have been loaded with chlorine to the proper concentration, the water source, chlorine feeder and all other openings to the water main shall be closed. The initial minimum concentration shall not be less than fifty (50) milligrams per liter of chlorine.

The chlorine content of the water shall be tested by the Engineer and if found to be less than twenty-five (25) milligrams per liter after twenty-four (24) hours contact, the water main and appurtenances shall be rechlorinated and held for another twenty-four (24) hour period.

No chlorination shall be started unless it can be completed by 1:00 p.m. on a Thursday.

During the period of chlorination, all main line valves and blow-off valves shall be operated to ensure that the discs and seats are fully open to chlorinated water.

Upon approval of the chlorine residual at twenty-four (24) hours by the Engineer, the chlorine solution shall be flushed from the water main through each fire hydrant and blowoff. Flushing shall continue until the chlorine residual is not more than five-tenths (0.5) milligrams per liter as determined by the Engineer.

In no case shall chlorine solution over five-tenths (0.5) milligrams per liter be held in the main or appurtenances for more than five days from the initial injection to the final flushing.

Treatment and disposal of flushing water and chlorinated water is the sole responsibility of the Contractor.

Coliform bacteria tests shall be taken twenty-four hours after final flushing. Procedures and limits for Sampling and Testing shall conform to the AWWA C651. 306-9 APPURTENANT PIPELINE STRUCTURES AND INSTALLATION
306-9.1 General. The Contractor shall furnish all transportation, materials, equipment, and labor to complete the excavations, backfill materials, street repairs and other earthwork incidental to the Cabrillo Mole Phase II Revitalization Project -
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202 TECHNICAL SPECIFICATIONS
construction of appurtenant structures and appurtenances, and any work necessary or incidental to provide a complete and operating water main as contemplated in the plans and these Specifications. 306-9.2 Flange Insulation and Test Lead Installation. No less than 2 snug fitting alignment pins shall be used in aligning the flanges for the insulating joints. These pins shall remain in place until the bolts have been installed in all the remaining holes and have been drawn up tightly. 306-9.3 Valve Installations.

A. Valves shall be installed in a level position with the operation stem vertical except where shown otherwise on the plans.

B. After installation of the mainline pipe is completed, the Contractor shall apply one coat of Koppers #50, or SCE approved equal, bitumastic coating to damaged areas of buried valves and shall wrap the entire valve with two layers of 8 mil polyethylene and seal all seams with 2-inch wide #50 Scotchwrap tape.

C. Valves shall be stabilized and supported separately from the pipeline as shown on the plans or on the Standard Drawings.

D. Mainline and appurtenant valves shall be tested for leak-proof tightness after the main line has been pressure tested, at the test pressure.

E. All valves shall be installed in accordance with Appendix A of AWWA C500.

F. Butterfly valves shall be installed with the valve operator on the "up station", right side of the valve.
306-9.4 Valve Box Installations.

A. The Contractor shall install valve box, cap and rim, and valve operator extensions of the type indicated in the Standard Drawings.

B. Operator extensions and sleeves shall be centered and set plumb over the valve operator nut.

C. Shaft extension is required where the distance between the finished ground surface and the valve operator nut is greater than 4 feet.

D. Operator extensions shall be fitted with an AWWA 2-inch square operating nut and a tapered socket end for the valve operating nut. The extension shaft shall extend from the valve nut to within 18-inches of the finished ground surface.

E. Operator extension shaft, nut, socket and centerline guide shall be painted with one coat of primer after fabrication.

F. The valve box caps shall be set flush to 1/4" above the finished pavement surface.

G. Where valve box installations are not within paved areas, a 3-foot-square by 4-inch-thick asphalt pad shall be formed around the cap and slip can.

H. Valve box caps shall fit securely in the slip sleeves, to prevent displacement due to traffic loads.

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306-9.5 Blowoff Installations.

I. The piping between the outlet valve and the pumper riser shall be at a continuous downgrade of not less than 1/4-inch per foot.

II. Where blowoff manholes are placed in sidewalk areas, the sidewalk shall be saw-cut and removed to the nearest score line. The manhole cover and rim shall be set to sidewalk grade and the sidewalk replaced.

III. Where blowoff manholes are placed in unpaved areas, the cover and rim shall be set flush with the existing edge of pavement or as directed by the Engineer.

IV. The manhole cover and rim shall be Alhambra Foundry A-1254, diamond thread finish and lettered

SCE WATER
a. Temporary Blowoff Installations.

V. Temporary blowoffs may be used for pressure testing, flushing and disinfecting the main.

VI. Should the Contractor use a concrete thrust block, Contractor shall provide a suitable separation material (such as tar paper or wood blocking) so that Contractor may remove the thrust block without disturbing the end cap. The Contractor shall remove any temporary concrete thrust block prior to system connection by City.

SECTION 310 - PAINTING
310-6 PROTECTIVE COATINGS
Subsection 310-6 is hereby added to Section 310 of the Standard Specifications as follows:
310-6.1 General. The Contractor shall furnish all material, labor, and equipment necessary to line and coat all piping, valves, fittings, pipe hangers, and other ferrous metal surfaces not shop lined and coated.
310-6.2 Surface Preparation. All ferrous surfaces to receive protective coatings shall be sandblasted to commercial standards per Subsection 310-2.5 of the Standard Specifications prior to the application of coatings. All surface irregularities such as weld spatter, sharp corners, rough welds, etc., shall be ground smooth. All surfaces shall be completely free of grease, oil and other foreign material.
310-6.3 Interior of Ferrous Surfaces. The interior surfaces of iron pipe and fittings shall be cement lined in accordance with the latest revised edition of AWWA C-104. 310-6.4 Buried Exterior of Ferrous Surfaces. All ferrous metal fittings and joints (valves, couplings, flanges, etc.) in contact with the soil shall be coated with one coat of Koppers #50 bitumastic after assembly to the main-line pipe and shall be wrapped with two layers of 8 mil polyethylene which shall be secured to the pipe with two-inch wide Scotchwrap #50 or SCE approved equal.

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310-6.4.1 Field Coat. All buried ferrous metal fittings and joints (valves, couplings, flanges, etc.) in contact with the soil shall be coated with one coat of Super Tank Solution or Koppers No. 50 bitumastic after assembly to the mainline pipe.

SECTION 313 - "AS-BUILT" DRAWINGS
After construction has been completed and before pressure testing and flushing can commence, "As-Built" drawings shall be submitted by the Contractor showing pipe size, material, class and/or pipe thickness, the actual locations (invert elevations) and stations of all valves, tees, special fittings, and stationing of all water service laterals and their run length. The Contractor shall show and note any deviations from the original plans on the "As-Built" drawings.
"As-Built" drawings shall be prepared on a clean blueprint and shall be legibly marked in red ink.

END OF SECTION
65059.00000\40059964.1
Cabrillo Mole Phase II Revitalization Project -
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PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

Exhibit A, Utility Infrastructure Drawings, dated 1/27/2026, 10 pages, Exhibit B.1, Temporary facilities, Architectural & Structural drawings, dated 8/17/2025, 7 pages Exhibit B.2 Temporary facilities, calculations, dated 8/18/2025, 19 pages

Avalon City CouncilFebruary 17, 2026

Avalon City Council
February 17, 2026